Warranty. The Author warrants and represents that: (a) the Author has full right, power and authority to enter into and perform its obligations under this Agreement; and (b) the Author is the sole legal owner of (and/or has been fully authorised by any additional rights owner to grant) the rights licensed in the Clause "Rights Granted" and use of the Contribution shall in no way whatever infringe or violate any intellectual property or related rights (including any copyright, database right, moral right or trademark right) or any other right or interest of any third party subject only to the provisions in the Clause "The Author's Responsibilities" regarding Third Party Material (as defined above); and (c) the Contribution shall not contain anything that may cause religious or racial hatred or encourage terrorism or unlawful acts or be defamatory (or contain malicious falsehoods), or be otherwise actionable, including, but not limited to, any action related to any injury resulting from the use of any practice or formula disclosed in the Contribution and all of the purported facts contained in the Contribution are according to the current body of research and understanding true and accurate; and (d) there is no obligation of confidentiality owed in respect of any contents of the Contribution to any third party and the Contribution shall not contain anything which infringes or violates any trade secret, right of privacy or publicity or any other personal or human right or the processing or publication of which could breach applicable data protection law and that informed consent to publish has been obtained for all research or other featured participants; and (e) the Contribution has not been previously licensed, published or exploited and use of the Contribution shall not infringe or violate any contract, express or implied, to which the Author, or any co-author, who had entered into this Agreement,is a party and any academic institution, employer or other body in which work recorded in the Contribution was created or carried out has authorised and approved such work and its publication. The Author warrants and represents that the Author, and each co-author who has entered into this Agreement, shall at all times comply in full with: (a) all applicable anti-bribery and corruption laws; and (b) all applicable data protection and electronic privacy and marketing laws and regulations; and (c) the Publisher's ethic rules (available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/gp/authors/book-authors-code-of-conduct), as may be updated by the Publisher at any time in its sole discretion. The Publisher shall notify the Author in the event of material changes by email or other written means (the "Applicable Laws"). If the Author is in material breach of any of the Applicable Laws or otherwise in material breach of accepted ethical standards in research and scholarship, or becomes the subject of any comprehensive or selective sanctions issued in any applicable jurisdiction (e.g. being subject to the OFAC sanctions list) or if, in the opinion of the Publisher, at any time any act, allegation or conduct of or about the Author prejudices the production or successful exploitation of the Contribution and the Work or brings the name and/or reputation of the Publisher or the Work into disrepute, or is likely to do so, then the Publisher may terminate this Agreement in accordance with the Clause "Termination". The Publisher reserves the right to amend and/or require the Author to amend the Contribution at any time to remove any actual or potential breach of the above warranties and representations or otherwise unlawful part(s) which the Publisher or its internal or external legal advisers identify at any time. Any such amendment or removal shall not affect the warranties and representations given by the Author in this Agreement.
Appears in 158 contracts
Sources: Publishing Agreement, Publishing Agreement, Publishing Agreement
Warranty. 8.1 The Author warrants and represents that: (a) the Author has full right, power and authority to enter into and perform its obligations under this Agreement; and (b) the Author is the sole legal owner of (and/or has been fully authorised by any additional rights owner to grant) the rights licensed in the Clause "Rights Granted" and use of the Contribution shall in no way whatever infringe or violate any intellectual property or related rights (including any copyright, database right, moral right or trademark right) or any other right or interest of any third party subject only to the provisions in the Clause "The Author's Responsibilities" regarding Third Party Material (as defined above); and (c) the Contribution shall not contain anything that may cause religious or racial hatred or encourage terrorism or unlawful acts or be defamatory (or contain malicious falsehoods), or be otherwise actionable, including, but not limited to, any action related to any injury resulting from the use of any practice or formula disclosed in the Contribution and all of the purported facts contained in the Contribution are according to the current body of research science and understanding true and accurate; and and
(d) there is no obligation of confidentiality owed in respect of any contents of the Contribution to any third party and the Contribution shall not contain anything which infringes or violates any trade secret, right of privacy or publicity or any other personal or human right or the processing or publication of which could breach applicable data protection law and that informed consent to publish has been obtained for all research or other featured participants; and (e) the Contribution has not been previously licensed, published or exploited and use of the Contribution shall not infringe or violate any contract, express or implied, to which the Author, or any co-author, who had entered into this Agreement,, is a party and any academic institution, employer or other body in which work recorded in the Contribution was created or carried out has authorised and approved such work and its publication. .
8.2 The Author warrants and represents that the Author, and each co-author who has entered into this Agreement, shall at all times comply in full with: (a) all applicable anti-bribery and corruption laws; and (b) all applicable data protection and electronic privacy and marketing laws and regulations; and (c) the Publisher's ethic rules (available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/gp/authors/book-authors-code-of-conduct), as may be updated by the Publisher at any time in its sole discretion. The Publisher shall notify the Author in the event of material changes by email or other written means (the "Applicable Laws"). If the Author is in material breach of any of the Applicable Laws or otherwise in material breach of accepted ethical standards in research and scholarship, or becomes the subject of any comprehensive or selective sanctions issued in any applicable jurisdiction (e.g. being subject to the OFAC sanctions list) or if, in the opinion of the Publisher, at any time any act, allegation or conduct of or about the Author prejudices the production or successful exploitation of the Contribution and the Work or brings the name and/or reputation of the Publisher or the Work into disrepute, or is likely to do so, then the Publisher may terminate this Agreement in accordance with the Clause "Termination". .
8.3 The Publisher reserves the right to amend and/or require the Author to amend the Contribution at any time to remove any actual or potential breach of the above warranties and representations or otherwise unlawful part(s) which the Publisher or its internal or external legal advisers identify at any time. Any such amendment or removal shall not affect the warranties and representations given by the Author in this Agreement.
Appears in 38 contracts
Sources: Publishing Agreement, Publishing Agreement, Publishing Agreement
Warranty. 8.1 The Author warrants and represents that: :
(a) the Author has full right, power and authority to enter into and perform its obligations under this Agreement; and and
(b) the Author is the sole legal owner of (and/or has been fully authorised by any additional rights owner to grant) the rights licensed in the Clause "Rights Granted" and use of the Contribution shall in no way whatever infringe or violate any intellectual property or related rights (including any copyright, database right, moral right or trademark right) or any other right or interest of any third party subject only to the provisions in the Clause "The Author's Responsibilities" regarding Third Party Material (as defined above); and and
(c) the Contribution shall not contain anything that may cause religious or racial hatred or encourage terrorism or unlawful acts or be defamatory (or contain malicious falsehoods), or be otherwise actionable, including, but not limited to, any action related to any injury resulting from the use of any practice or formula disclosed in the Contribution and all of the purported facts contained in the Contribution are according to the current body of research science and understanding true and accurate; and and
(d) there is no obligation of confidentiality owed in respect of any contents of the Contribution to any third party and the Contribution shall not contain anything which infringes or violates any trade secret, right of privacy or publicity or any other personal or human right or the processing or publication of which could breach applicable data protection law and that informed consent to publish has been obtained for all research or other featured participants; and and
(e) the Contribution has not been previously licensed, published or exploited and use of the Contribution shall not infringe or violate any contract, express or implied, to which the Author, or any co-author, who had entered into this Agreement,, is a party and any academic institution, employer or other body in which work recorded in the Contribution was created or carried out has authorised and approved such work and its publication. .
8.2 The Author warrants and represents that the Author, and each co-author who has entered into this Agreement, shall at all times comply in full with: :
(a) all applicable anti-bribery and corruption laws; and and
(b) all applicable data protection and electronic privacy and marketing laws and regulations; and and
(c) the Publisher's ethic rules (available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/gp/authors/book-authors-code-of-conduct), as may be updated by the Publisher at any time in its sole discretion. The Publisher shall notify the Author in the event of material changes by email or other written means (the "Applicable Laws"). If the Author is in material breach of any of the Applicable Laws or otherwise in material breach of accepted ethical standards in research and scholarship, or becomes the subject of any comprehensive or selective sanctions issued in any applicable jurisdiction (e.g. being subject to the OFAC sanctions list) or if, in the opinion of the Publisher, at any time any act, allegation or conduct of or about the Author prejudices the production or successful exploitation of the Contribution and the Work or brings the name and/or reputation of the Publisher or the Work into disrepute, or is likely to do so, then the Publisher may terminate this Agreement in accordance with the Clause "Termination". .
8.3 The Publisher reserves the right to amend and/or require the Author to amend the Contribution at any time to remove any actual or potential breach of the above warranties and representations or otherwise unlawful part(s) which the Publisher or its internal or external legal advisers identify at any time. Any such amendment or removal shall not affect the warranties and representations given by the Author in this Agreement.
Appears in 29 contracts
Sources: Publishing Agreement, Publishing Agreement, Publishing Agreement
Warranty. The Author Author warrants and represents that: (a) the Author Author has full right, power and authority to enter into and perform its obligations under this Agreement; and (b) the Author Author is the sole legal owner of (and/or has been fully authorised by any additional rights owner to grant) the rights licensed in the Clause "Rights Granted" and use of the Contribution shall in no way whatever infringe or violate any intellectual property or related rights (including any copyright, database right, moral right or trademark right) or any other right or interest of any third party subject only to the provisions in the Clause "The AuthorAuthor's Responsibilities" regarding Third Party Material (as defined above); and (c) the Contribution shall not contain anything that may cause religious or racial hatred or encourage terrorism or unlawful acts or be defamatory (or contain malicious falsehoods), or be otherwise actionable, including, but not limited to, any action related to any injury resulting from the use of any practice or formula disclosed in the Contribution and all of the purported facts contained in the Contribution are according to the current body of research and understanding true and accurate; and (d) there is no obligation of confidentiality owed in respect of any contents of the Contribution to any third party and the Contribution shall not contain anything which infringes or violates any trade secret, right of privacy or publicity or any other personal or human right or the processing or publication of which could breach applicable data protection law and that informed consent to publish has been obtained for all research or other featured participants; and (e) the Contribution has not been previously licensed, published or exploited and use of the Contribution shall not infringe or violate any contract, express or implied, to which the Author, or any co-author, who had entered into this Agreement,is a party and any academic institution, employer or other body in which work recorded in the Contribution was created or carried out has authorised and approved such work and its publication. The Author warrants and represents that the Author, and each co-author who has entered into this Agreement, shall at all times comply in full with: (a) all applicable anti-bribery and corruption laws; and (b) all applicable data protection and electronic privacy and marketing laws and regulations; and (c) the Publisher's ethic rules (available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/gp/authors/book-authors-code-of-conduct), as may be updated by the Publisher at any time in its sole discretion. The Publisher shall notify the Author in the event of material changes by email or other written means (the "Applicable Laws"). If the Author is in material breach of any of the Applicable Laws or otherwise in material breach of accepted ethical standards in research and scholarship, or becomes the subject of any comprehensive or selective sanctions issued in any applicable jurisdiction (e.g. being subject to the OFAC sanctions list) or if, in the opinion of the Publisher, at any time any act, allegation or conduct of or about the Author prejudices the production or successful exploitation of the Contribution and the Work or brings the name and/or reputation of the Publisher or the Work into disrepute, or is likely to do so, then the Publisher may terminate this Agreement in accordance with the Clause "Termination". The Publisher reserves the right to amend and/or require the Author to amend the Contribution at any time to remove any actual or potential breach of the above warranties and representations or otherwise unlawful part(s) which the Publisher or its internal or external legal advisers identify at any time. Any such amendment or removal shall not affect the warranties and representations given by the Author in this Agreement.
Appears in 18 contracts
Sources: Publishing Agreement, Publishing Agreement, Publishing Agreement
Warranty. 7.1 The Author warrants and represents that: :
(a) the Author has full right, power and authority to enter into and perform its obligations under this Agreement; and and
(b) the Author is the sole legal owner of (and/or has been fully authorised by any additional rights owner to grant) the rights licensed in the Clause "Rights Granted" and use of the Contribution shall in no way whatever infringe or violate any intellectual property or related rights (including any copyright, database right, moral right or trademark right) or any other right or interest of any third party subject only to the provisions in the Clause "The Author's Responsibilities" regarding Third Party Material (as defined above); and and
(c) the Contribution shall not contain anything that may cause religious or racial hatred or encourage terrorism or unlawful acts or be defamatory (or contain malicious falsehoods), or be otherwise actionable, including, but not limited to, any action related to any injury resulting from the use of any practice or formula disclosed in the Contribution and all of the purported facts contained in the Contribution are according to the current body of research and understanding true and accurate; and and
(d) there is no obligation of confidentiality owed in respect of any contents of the Contribution to any third party and the Contribution shall not contain anything which infringes or violates any trade secret, right of privacy or publicity or any other personal or human right or the processing or publication of which could breach applicable data protection law and that informed consent to publish has been obtained for all research or other featured participants; and and
(e) the Contribution has not been previously licensed, published or exploited and use of the Contribution shall not infringe or violate any contract, express or implied, to which the Author, or any co-author, who had entered into this Agreement,is a party and any academic institution, employer or other body in which work recorded in the Contribution was created or carried out has authorised and approved such work and its publication. .
7.2 The Author warrants and represents that the Author, and each co-author who has entered into this Agreement, shall at all times comply in full with: :
(a) all applicable anti-bribery and corruption laws; and and
(b) all applicable data protection and electronic privacy and marketing laws and regulations; and and
(c) the Publisher's ethic rules (available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/gp/authors/book-book- authors-code-of-conduct), as may be updated by the Publisher at any time in its sole discretion. The Publisher shall notify the Author in the event of material changes by email or other written means (the "Applicable Laws"). If the Author is in material breach of any of the Applicable Laws or otherwise in material breach of accepted ethical standards in research and scholarship, or becomes the subject of any comprehensive or selective sanctions issued in any applicable jurisdiction (e.g. being subject to the OFAC sanctions list) or if, in the opinion of the Publisher, at any time any act, allegation or conduct of or about the Author prejudices the production or successful exploitation of the Contribution and the Work or brings the name and/or reputation of the Publisher or the Work into disrepute, or is likely to do so, then the Publisher may terminate this Agreement in accordance with the Clause "Termination". .
7.3 The Publisher reserves the right to amend and/or require the Author to amend the Contribution at any time to remove any actual or potential breach of the above warranties and representations or otherwise unlawful part(s) which the Publisher or its internal or external legal advisers identify at any time. Any such amendment or removal shall not affect the warranties and representations given by the Author in this Agreement.
Appears in 12 contracts
Sources: Publishing Agreement, Publishing Agreement, Publishing Agreement
Warranty. 7.1 The Author warrants and represents that: :
(a) the Author has full right, power and authority to enter into and perform its obligations under this Agreement; and and
(b) the Author is the sole legal owner of (and/or has been fully authorised by any additional rights owner to grant) the rights licensed in the Clause "Rights Granted" and use of the Contribution shall in no way whatever infringe or violate any intellectual property or related rights (including any copyright, database right, moral right or trademark right) or any other right or interest of any third party subject only to the provisions in the Clause "The Author's Responsibilities" regarding Third Party Material (as defined above); and and
(c) the Contribution shall not contain anything that may cause religious or racial hatred or encourage terrorism or unlawful acts or be defamatory (or contain malicious falsehoods), or be otherwise actionable, including, but not limited to, any action related to any injury resulting from the use of any practice or formula disclosed in the Contribution and all of the purported facts contained in the Contribution are according to the current body of research and understanding true and accurate; and and
(d) there is no obligation of confidentiality owed in respect of any contents of the Contribution to any third party and the Contribution shall not contain anything which infringes or violates any trade secret, right of privacy or publicity or any other personal or human right or the processing or publication of which could breach applicable data protection law and that informed consent to publish has been obtained for all research or other featured participants; and and
(e) the Contribution has not been previously licensed, published or exploited and use of the Contribution shall not infringe or violate any contract, express or implied, to which the Author, or any co-author, who had entered into this Agreement,is a party and any academic institution, employer or other body in which work recorded in the Contribution was created or carried out has authorised and approved such work and its publication. .
7.2 The Author warrants and represents that the Author, and each co-author who has entered into this Agreement, shall at all times comply in full with: :
(a) all applicable anti-bribery and corruption laws; and and
(b) all applicable data protection and electronic privacy and marketing laws and regulations; and and
(c) the Publisher's ethic rules (available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/gp/authors/book-authors-authors- code-of-conduct), as may be updated by the Publisher at any time in its sole discretion. The Publisher shall notify the Author in the event of material changes by email or other written means (the "Applicable Laws"). If the Author is in material breach of any of the Applicable Laws or otherwise in material breach of accepted ethical standards in research and scholarship, or becomes the subject of any comprehensive or selective sanctions issued in any applicable jurisdiction (e.g. being subject to the OFAC sanctions list) or if, in the opinion of the Publisher, at any time any act, allegation or conduct of or about the Author prejudices the production or successful exploitation of the Contribution and the Work or brings the name and/or reputation of the Publisher or the Work into disrepute, or is likely to do so, then the Publisher may terminate this Agreement in accordance with the Clause "Termination". .
7.3 The Publisher reserves the right to amend and/or require the Author to amend the Contribution at any time to remove any actual or potential breach of the above warranties and representations or otherwise unlawful part(s) which the Publisher or its internal or external legal advisers identify at any time. Any such amendment or removal shall not affect the warranties and representations given by the Author in this Agreement.
Appears in 10 contracts
Sources: Publishing Agreement, Publishing Agreement, Publishing Agreement
Warranty. The Author Author warrants and represents that: (a) the Author Author has full right, power and authority to enter into and perform its obligations under this Agreement; and (b) the Author Author is the sole legal owner of (and/or has been fully authorised by any additional rights owner to grant) the rights licensed in the Clause "Rights Granted" and use of the Contribution shall in no way whatever infringe or violate any intellectual property or related rights (including any copyright, database right, moral right or trademark right) or any other right or interest of any third party subject only to the provisions in the Clause "The AuthorAuthor's Responsibilities" regarding Third Party Material (as defined above); and (c) the Contribution shall not contain anything that may cause religious or racial hatred or encourage terrorism or unlawful acts or be defamatory (or contain malicious falsehoods), or be otherwise actionable, including, but not limited to, any action related to any injury resulting from the use of any practice or formula disclosed in the Contribution and all of the purported facts contained in the Contribution are according to the current body of research and understanding true and accurate; and (d) there is no obligation of confidentiality owed in respect of any contents of the Contribution to any third party and the Contribution shall not contain anything which infringes or violates any trade secret, right of privacy or publicity or any other personal or human right or the processing or publication of which could breach applicable data protection law and that informed consent to publish has been obtained for all research or other featured participants; and (e) the Contribution has not been previously licensed, published or exploited and use of the Contribution shall not infringe or violate any contract, express or implied, to which the Author, or any co-author, who had entered into this Agreement,is a party and any academic institution, employer or other body in which work recorded in the Contribution was created or carried out has authorised and approved such work and its publication. The Author warrants and represents that the Author, and each co-author who has entered into this Agreement, shall at all times comply in full with: (a) all applicable anti-bribery and corruption laws; and (b) all applicable data protection and electronic privacy and marketing laws and regulations; and (c) the Publisher's ethic rules (as laid down in the Book Authors' Code of Conduct currently available online at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/gp/authors/book-authors-code-of-conduct), as may be updated by the Publisher at any from time in its sole discretion. The Publisher shall notify the Author to time (provided that in the event of material changes the Publisher shall notify the Author by email or other written means email) (the "Applicable Laws"). If the Author is in material breach of any of the Applicable Laws or otherwise in material breach of accepted ethical standards in research and scholarship, or becomes the subject of any comprehensive or selective sanctions issued in any applicable jurisdiction (e.g. being subject to the OFAC sanctions list) or if, in the opinion of the Publisher, at any time any act, allegation or conduct of or about the Author prejudices the production or successful exploitation of the Contribution and the Work or brings the name and/or reputation of the Publisher or the Work into disrepute, or is likely to do so, then the Publisher may terminate this Agreement in accordance with the Clause "Termination". The Publisher reserves the right to amend and/or require the Author to amend the Contribution at any time to remove any actual or potential breach of the above warranties and representations or otherwise unlawful part(s) which the Publisher or its internal or external legal advisers identify at any time. Any such amendment or removal shall not affect the warranties and representations given by the Author in this Agreement.
Appears in 8 contracts
Sources: Publishing Agreement, Publishing Agreement, Publishing Agreement
Warranty. B12.1 The Author Contractor warrants and represents that: (:
a) the Author it has full right, power capacity and authority and all necessary consents to enter into and perform its obligations under this Agreement; and (the Contract;
b) the Author Contract is signed or executed (as the sole legal owner of case may be) by a duly authorised representative or duly authorised representatives (and/or has been fully authorised by any additional rights owner to grantas the case may be) the rights licensed in the Clause "Rights Granted" and use of the Contribution shall in no way whatever infringe or violate any intellectual property or related rights (including any copyright, database right, moral right or trademark right) or any other right or interest of any third party subject only to the provisions in the Clause "The Author's Responsibilities" regarding Third Party Material (as defined above); and (Contractor;
c) in entering the Contribution shall Contract it has not contain anything that may cause religious or racial hatred or encourage terrorism or unlawful acts or be defamatory (or contain malicious falsehoods)committed any Prohibited Act;
d) as at the Commencement Date, or be otherwise actionableall information, including, but not limited to, any action related to any injury resulting from the use of any practice or formula disclosed in the Contribution statements and all of the purported facts representations contained in the Contribution Tender are according true, accurate and not misleading and it will advise the Council of any fact, matter or circumstance of which it may become aware during the Contract Period which would render any such information, statement or representation to be false or misleading;
e) no claim is being asserted and no litigation, arbitration or administrative proceeding is presently in progress or, to the current body best of research its knowledge and understanding true belief, pending or threatened against it or its assets which will or might affect its ability to perform its obligations under this Contract;
f) it is not subject to any contractual obligation, compliance with which is likely to have an adverse effect on its ability to perform its obligations under the Contract;
g) no proceedings or other steps have been taken and accurate; and not discharged (dnor, to the best of its knowledge, are threatened) there is no obligation of confidentiality owed in respect of any contents for the winding up of the Contribution Contractor or for its dissolution or for the appointment of a receiver, administrative receiver, liquidator, manager, administrator or similar officer in relation to any third party and of the Contribution shall not contain anything which infringes Contractor’s assets or violates any trade secretrevenue;
h) it owns, right of privacy has obtained or publicity or any other personal or human right or the processing or publication of which could breach applicable data protection law and that informed consent is able to publish has been obtained obtain, valid licences for all research or other featured participants; and (eIntellectual Property Rights that are necessary for the performance of its obligations under the Contract;
i) the Contribution has not been previously licensedServices shall be provided in a proper, published or exploited skilful and use of workmanlike manner;
j) the Contribution Services shall not infringe or violate any contract, express or implied, to which the Author, or any co-author, who had entered into this Agreement,is a party be provided and any academic institution, employer or other body in which work recorded in the Contribution was created or carried out has authorised by a sufficient number of appropriately experienced, qualified and approved such work trained Staff with all due skill, care and its publication. The Author warrants and represents that the Author, and each co-author who has entered into this Agreement, diligence;
k) it shall at all times comply with the Quality Standards and, where appropriate, shall maintain accreditation with the relevant Quality Standards authorisations body; and
l) it shall at all times perform its obligations under the Contract in full with: (a) all applicable anti-bribery accordance with Law and corruption laws; and (b) all applicable data protection and electronic privacy and marketing laws and regulations; and (c) Good Industry Practice.
B12.2 The Contractor acknowledges that any breach of the Publisher's ethic rules (available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/gp/authors/book-authors-code-of-conduct), as may warranties in Clause B12.1 shall be updated remedied by the Publisher Contractor at any no cost to the Council and within such period of time in its sole discretionnotified to the Contractor by the Council. The Publisher Failure to comply with the time limit specified by the Council pursuant to this Clause B12.2 shall notify the Author in the event of material changes by email or other written means (the "Applicable Laws"). If the Author is in constitute a material breach of any of this Contract and this Contract may be terminated by the Applicable Laws or otherwise in material breach of accepted ethical standards in research and scholarship, or becomes the subject of any comprehensive or selective sanctions issued in any applicable jurisdiction (e.g. being subject Council pursuant to the OFAC sanctions listClause D3.1(Termination on Default) or if, in the opinion of the Publisher, at any time any act, allegation or conduct of or about the Author prejudices the production or successful exploitation of the Contribution and the Work or brings the name and/or reputation of the Publisher or the Work into disrepute, or is likely to do so, then the Publisher may terminate this Agreement in accordance with the Clause "Termination". The Publisher reserves the right to amend and/or require the Author to amend the Contribution at any time to remove any actual or potential breach of the above warranties and representations or otherwise unlawful part(sD5.1(c) which the Publisher or its internal or external legal advisers identify at any time. Any such amendment or removal shall not affect the warranties and representations given by the Author in this Agreement(Termination Events).
Appears in 3 contracts
Sources: Contract for the Supply of Services, Contract for the Supply of Services, Contract for the Supply of Services
Warranty. 7.1 The Author warrants and represents that: :
(a) the Author has full right, power and authority to enter into and perform its obligations under this Agreement; and and
(b) the Author is the sole legal owner of (and/or has been fully authorised by any additional rights owner to grant) the rights licensed in the Clause "Rights Granted" and use of the Contribution shall in no way whatever infringe or violate any intellectual property or related rights (including any copyright, database right, moral right or trademark right) or any other right or interest of any third party subject only to the provisions in the Clause "The Author's Responsibilities" regarding Third Party Material (as defined above); and and
(c) the Contribution shall not contain anything that may cause religious or racial hatred or encourage terrorism or unlawful acts or be defamatory (or contain malicious falsehoods), or be otherwise actionable, including, but not limited to, any action related to any injury resulting from the use of any practice or formula disclosed in the Contribution and all of the purported facts contained in the Contribution are according to the current body of research and understanding true and accurate; and and
(d) there is no obligation of confidentiality owed in respect of any contents of the Contribution to any third party and the Contribution shall not contain anything which infringes or violates any trade secret, right of privacy or publicity or any other personal or human right or the processing or publication of which could breach applicable data protection law and that informed consent to publish has been obtained for all research or other featured participants; and and
(e) the Contribution has not been previously licensed, published or exploited and use of the Contribution shall not infringe or violate any contract, express or implied, to which the Author, or any co-author, who had entered into this Agreement,is a party and any academic institution, employer or other body in which work recorded in the Contribution was created or carried out has authorised and approved such work and its publication. .
7.2 The Author warrants and represents that the Author, and each co-author who has entered into this Agreement, shall at all times comply in full with: :
(a) all applicable anti-bribery and corruption laws; and and
(b) all applicable data protection and electronic privacy and marketing laws and regulations; and and
(c) the Publisher's ethic rules (available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/gp/authors/book-authors-code-of-conduct), as may be updated by the Publisher at any time in its sole discretion. The Publisher shall notify the Author in the event of material changes by email or other written means (the "Applicable Laws"). If the Author is in material breach of any of the Applicable Laws or otherwise in material breach of accepted ethical standards in research and scholarship, or becomes the subject of any comprehensive or selective sanctions issued in any applicable jurisdiction (e.g. being subject to the OFAC sanctions list) or if, in the opinion of the Publisher, at any time any act, allegation or conduct of or about the Author prejudices the production or successful exploitation of the Contribution and the Work or brings the name and/or reputation of the Publisher or the Work into disrepute, or is likely to do so, then the Publisher may terminate this Agreement in accordance with the Clause "Termination". .
7.3 The Publisher reserves the right to amend and/or require the Author to amend the Contribution at any time to remove any actual or potential breach of the above warranties and representations or otherwise unlawful part(s) which the Publisher or its internal or external legal advisers identify at any time. Any such amendment or removal shall not affect the warranties and representations given by the Author in this Agreement.
Appears in 2 contracts
Sources: Publishing Agreement, Publishing Agreement
Warranty. B12.1 The Author Contractor warrants and represents that: (:
a) the Author it has full right, power capacity and authority and all necessary consents to enter into and perform its obligations under this Agreement; and (the Contract;
b) the Author Contract is signed or executed (as the sole legal owner of case may be) by a duly authorised representative or duly authorised representatives (and/or has been fully authorised by any additional rights owner to grantas the case may be) the rights licensed in the Clause "Rights Granted" and use of the Contribution shall in no way whatever infringe or violate any intellectual property or related rights (including any copyright, database right, moral right or trademark right) or any other right or interest of any third party subject only to the provisions in the Clause "The Author's Responsibilities" regarding Third Party Material (as defined above); and (Contractor;
c) in entering the Contribution shall Contract it has not contain anything that may cause religious or racial hatred or encourage terrorism or unlawful acts or be defamatory (or contain malicious falsehoods)committed any Prohibited Act;
d) as at the Commencement Date, or be otherwise actionableall information, including, but not limited to, any action related to any injury resulting from the use of any practice or formula disclosed in the Contribution statements and all of the purported facts representations contained in the Contribution Tender are according true, accurate and not misleading and it will advise the Council of any fact, matter or circumstance of which it may become aware during the Contract Period which would render any such information, statement or representation to be false or misleading;
e) no claim is being asserted and no litigation, arbitration or administrative proceeding is presently in progress or, to the current body best of research its knowledge and understanding true belief, pending or threatened against it or its assets which will or might affect its ability to perform its obligations under this Contract;
f) it is not subject to any contractual obligation, compliance with which is likely to have an adverse effect on its ability to perform its obligations under the Contract;
g) no proceedings or other steps have been taken and accurate; and not discharged (dnor, to the best of its knowledge, are threatened) there is no obligation of confidentiality owed in respect of any contents for the winding up of the Contribution Contractor or for its dissolution or for the appointment of a receiver, administrative receiver, liquidator, manager, administrator or similar officer in relation to any third party and of the Contribution shall not contain anything which infringes Contractor’s assets or violates any trade secretrevenue;
h) it owns, right of privacy has obtained or publicity or any other personal or human right or the processing or publication of which could breach applicable data protection law and that informed consent is able to publish has been obtained obtain, valid licences for all research or other featured participants; and (eIntellectual Property Rights that are necessary for the performance of its obligations under the Contract;
i) the Contribution has not been previously licensedContract shall be performed in a proper, published or exploited skilful and use workmanlike manner;
j) the Contract shall be performed by a sufficient number of the Contribution shall not infringe or violate any contractappropriately experienced, express or impliedqualified and trained Staff with all due skill, to which the Author, or any co-author, who had entered into this Agreement,is a party care and any academic institution, employer or other body in which work recorded in the Contribution was created or carried out has authorised and approved such work and its publication. The Author warrants and represents that the Author, and each co-author who has entered into this Agreement, diligence;
k) it shall at all times comply with the Quality Standards and, where appropriate, shall maintain accreditation with the relevant Quality Standards authorisations body; and
l) it shall at all times perform its obligations under the Contract in full with: (a) all applicable anti-bribery accordance with Law and corruption laws; Good Industry Practice.
B12.2 The Contractor warrants to the Council that the Goods will:
B12.2.1 be free from defects in design, material and (b) all applicable data protection workmanship and electronic privacy remain so for 12 months after the Delivery Date ;
B12.2.2 be so formulated, designed, constructed, finished and marketing laws packaged as to be safe and regulations; and (c) without risk to health;
B12.2.3 of satisfactory quality within the Publisher's ethic rules (available at meaning of the Sale of Goods ▇▇▇ ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/gp/authors/book-authors-code-of-conduct), ▇ and fit for purpose as may be updated required by the Publisher at any time in its sole discretion. The Publisher shall notify Specification or held out by the Author in the event of material changes by email or other written means (the "Applicable Laws"). If the Author is in material breach of any of the Applicable Laws or otherwise in material breach of accepted ethical standards in research and scholarship, or becomes the subject of any comprehensive or selective sanctions issued in any applicable jurisdiction (e.g. being subject to the OFAC sanctions list) or if, in the opinion of the Publisher, at any time any act, allegation or conduct of or about the Author prejudices the production or successful exploitation of the Contribution and the Work or brings the name and/or reputation of the Publisher or the Work into disrepute, or is likely to do so, then the Publisher may terminate this Agreement Contractor;
B12.2.4 provided in accordance with the Clause "Termination"Contract, correspond with the Specification and any drawings, samples or descriptions provided by the Contractor; and
B12.2.5 be fit for any purpose held out by the Contractor or made known to the Contractor by the Council expressly or by implication, and in this respect the Council relies on the Contractor’s skill and judgement. The Publisher reserves Contractor acknowledges and agrees that the approval by the Council of any designs provided by the Contractor shall not relieve the Contractor of any of its obligations under this Clause 12.2.
B12.3 Without prejudice to the Council’s right to amend and/or terminate the Contract, if any of the Goods supplied are not in accordance with the Contract, the Council shall be entitled to:
B12.3.1 require the Author Contractor to amend repair the Contribution at Goods or to supply replacement Goods in accordance with the Contract as soon as reasonably practicable and in any time event within fourteen (14) working days of a request to remove do so; or
B12.3.2 subject to clause E2 (Indemnity and Liability), treat the Contract as discharged by the Contractor’s breach and require the repayment of a proportion of the Contract Price which has been paid together with payment of any actual or potential additional expenditure over and above the Contract Price reasonably incurred by the Council in obtaining replacement Goods.
B12.4 The Contractor acknowledges that any breach of the above warranties and representations or otherwise unlawful part(s) which the Publisher or its internal or external legal advisers identify at any time. Any such amendment or removal in Clause B12.1 and/or B12.2 and/or B12.3 shall not affect the warranties and representations given be remedied by the Author in Contractor at no cost to the Council and within such period of time notified to the Contractor by the Council. Failure to comply with the time limit specified by the Council pursuant to this AgreementClause B 12. shall constitute a material breach of this Contract and this Contract may be terminated by the Council pursuant to Clause D3.1.(Termination on Default).
Appears in 2 contracts
Sources: Contract for the Supply of Goods, Contract for the Supply of Goods
Warranty. The Author warrants and represents that: (a) the Author has full right, power and authority to enter into and perform its obligations under this Agreement; and (b) the Author is the sole legal owner of (and/or has been fully authorised by any additional rights owner to grant) the rights licensed in the Clause "Rights Granted" and use of the Contribution shall in no way whatever infringe or violate any intellectual property or related rights (including any copyright, database right, moral right or trademark right) or any other right or interest of any third party subject only to the provisions in the Clause "The Author's Responsibilities" regarding Third Party Material (as defined above); and (c) the Contribution shall not contain anything that may cause religious or racial hatred or encourage terrorism or unlawful acts or be defamatory (or contain malicious falsehoods), or be otherwise actionable, including, but not limited to, any action related to any injury resulting from the use of any practice or formula disclosed in the Contribution and all of the purported facts contained in the Contribution are according to the current body of research science and understanding true and accurate; and (d) there is no obligation of confidentiality owed in respect of any contents of the Contribution to any third party and the Contribution shall not contain anything which infringes or violates any trade secret, right of privacy or publicity or any other personal or human right or the processing or publication of which could breach applicable data protection law and that informed consent to publish has been obtained for all research or other featured participants; and (e) the Contribution has not been previously licensed, published or exploited and use of the Contribution shall not infringe or violate any contract, express or implied, to which the Author, or any co-author, who had entered into this Agreement,, is a party and any academic institution, employer or other body in which work recorded in the Contribution was created or carried out has authorised and approved such work and its publication. The Author warrants and represents that the Author, and each co-author who has entered into this Agreement, shall at all times comply in full with: (a) all applicable anti-bribery and corruption laws; and (b) all applicable data protection and electronic privacy and marketing laws and regulations; and (c) the Publisher's ethic rules (available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/gp/authors/book-authors-code-of-conduct), as may be updated by the Publisher at any time in its sole discretion. The Publisher shall notify the Author in the event of material changes by email or other written means (the "Applicable Laws"). If the Author is in material breach of any of the Applicable Laws or otherwise in material breach of accepted ethical standards in research and scholarship, or becomes the subject of any comprehensive or selective sanctions issued in any applicable jurisdiction (e.g. being subject to the OFAC sanctions list) or if, in the opinion of the Publisher, at any time any act, allegation or conduct of or about the Author prejudices the production or successful exploitation of the Contribution and the Work or brings the name and/or reputation of the Publisher or the Work into disrepute, or is likely to do so, then the Publisher may terminate this Agreement in accordance with the Clause "Termination". The Publisher reserves the right to amend and/or require the Author to amend the Contribution at any time to remove any actual or potential breach of the above warranties and representations or otherwise unlawful part(s) which the Publisher or its internal or external legal advisers identify at any time. Any such amendment or removal shall not affect the warranties and representations given by the Author in this Agreement.
Appears in 2 contracts
Sources: Publishing Agreement, Publishing Agreement
Warranty. The Author Author warrants and represents that: (a) the Author Author has full right, power and authority to enter into and perform its obligations under this Agreement; and (b) the Author Author is the sole legal owner of (and/or has been fully authorised by any additional rights owner to grant) the rights licensed in the Clause "Rights Granted" and use of the Contribution shall in no way whatever infringe or violate any intellectual property or related rights (including any copyright, database right, moral right or trademark right) or any other right or interest of any third party subject only to the provisions in the Clause "The AuthorAuthor's Responsibilities" regarding Third Party Material (as defined above); and (c) the Contribution shall not contain anything that may cause religious or racial hatred or encourage terrorism or unlawful acts or be defamatory (or contain malicious falsehoods), or be otherwise actionable, including, but not limited to, any action related to any injury resulting from the use of any practice or formula disclosed in the Contribution and all of the purported facts contained in the Contribution are according to the current body of research and understanding true and accurate; and (d) there is no obligation of confidentiality owed in respect of any contents of the Contribution to any third party and the Contribution shall not contain anything which infringes or violates any trade secret, right of privacy or publicity or any other personal or human right or the processing or publication of which could breach applicable data protection law and that informed consent to publish has been obtained for all research or other featured participants; and (e) the Contribution has not been previously licensed, published or exploited exploited, nor has the Author committed to licensing any version of the Contribution under a licence inconsistent with the terms of this Agreement, and use of the Contribution shall not infringe or violate any contract, express or implied, to which the Author, or any co-author, who had entered into this Agreement,is a party and any academic institution, employer or other body in which work recorded in the Contribution was created or carried out has authorised and approved such work and its publicationpublication and all institutional, governmental, and/or other approvals which may be required in connection with the publication of the Contribution have been obtained and continue in effect. The Author warrants and represents that the Author, and each co-author who has entered into this Agreement, shall at all times comply in full with: (a) all applicable anti-bribery and corruption laws; and (b) all applicable data protection and electronic privacy and marketing laws and regulations; and (c) the Publisher's ethic rules (as laid down in the Book Authors' Code of Conduct currently available online at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/gp/authors/book-authors-code-of-conduct), as may be updated by the Publisher at any from time in its sole discretion. The Publisher shall notify the Author to time (provided that in the event of material changes the Publisher shall notify the Author by email or other written means email) (the "Applicable Laws"). If the Author is in material breach of any of the Applicable Laws or otherwise in material breach of accepted ethical standards in research and scholarship, or becomes the subject of any comprehensive or selective sanctions issued in any applicable jurisdiction (e.g. being subject to the OFAC sanctions list) or if, in the opinion of the Publisher, at any time any act, allegation or conduct of or about the Author prejudices the production or successful exploitation of the Contribution and the Work or brings the name and/or reputation of the Publisher or the Work into disrepute, or is likely to do so, then the Publisher may terminate this Agreement in accordance with the Clause "Termination". The Publisher reserves the right to amend and/or require the Author to amend the Contribution at any time to remove any actual or potential breach of the above warranties and representations or otherwise unlawful part(s) which the Publisher or its internal or external legal advisers identify at any time. Any such amendment or removal shall not affect the warranties and representations given by the Author in this Agreement.
Appears in 2 contracts
Sources: Publishing Agreement, Publishing Agreement
Warranty. 7.1 The Author warrants and represents that: :
(a) the Author has full right, power and authority to enter into and perform its obligations under this Agreement; and and
(b) the Author is the sole legal owner of (and/or has been fully authorised by any additional rights owner to grant) the rights licensed in the Clause "Rights Granted" and use of the Contribution shall in no way whatever infringe or violate any intellectual property or related rights (including any copyright, database right, moral right or trademark right) or any other right or interest of any third party subject only to the provisions in the Clause "The Author's Responsibilities" regarding Third Party Material (as defined above); and and
(c) the Contribution shall not contain anything that may cause religious or racial hatred or encourage terrorism or unlawful acts or be defamatory (or contain malicious falsehoods), or be otherwise actionable, including, but not limited to, any action related to any injury resulting from the use of any practice or formula disclosed in the Contribution and all of the purported facts contained in the Contribution are according to the current body of research and understanding true and accurate; and and
(d) there is no obligation of confidentiality owed in respect of any contents of the Contribution to any third party and the Contribution shall not contain anything which infringes or violates any trade secret, right of privacy or publicity or any other personal or human right or the processing or publication of which could breach applicable data protection law and that informed consent to publish has been obtained for all research or other featured participants; and and
(e) the Contribution has not been previously licensed, published or exploited and use of the Contribution shall not infringe or violate any contract, express or implied, to which the Author, or any co-author, who had entered into this Agreement,is a party and any academic institution, employer or other body in which work recorded in the Contribution was created or carried out has authorised and approved such work and its publication. .
7.2 The Author warrants and represents that the Author, and each co-author who has entered into this Agreement, shall at all times comply in full with: :
(a) all applicable anti-bribery and corruption laws; and and
(b) all applicable data protection and electronic privacy and marketing laws and regulations; and and
(c) the Publisher's ethic rules (as laid down in the Book Authors' Code of Conduct currently available online at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/gp/authors/book-authors-code-of-conduct), as may be updated by the Publisher at any from time in its sole discretion. The Publisher shall notify the Author to time (provided that in the event of material changes the Publisher shall notify the Author by email or other written means email) (the "Applicable Laws"). If the Author is in material breach of any of the Applicable Laws or otherwise in material breach of accepted ethical standards in research and scholarship, or becomes the subject of any comprehensive or selective sanctions issued in any applicable jurisdiction (e.g. being subject to the OFAC sanctions list) or if, in the opinion of the Publisher, at any time any act, allegation or conduct of or about the Author prejudices the production or successful exploitation of the Contribution and the Work or brings the name and/or reputation of the Publisher or the Work into disrepute, or is likely to do so, then the Publisher may terminate this Agreement in accordance with the Clause "Termination". .
7.3 The Publisher reserves the right to amend and/or require the Author to amend the Contribution at any time to remove any actual or potential breach of the above warranties and representations or otherwise unlawful part(s) which the Publisher or its internal or external legal advisers identify at any time. Any such amendment or removal shall not affect the warranties and representations given by the Author in this Agreement.
Appears in 2 contracts
Sources: Publishing Agreement, Publishing Agreement
Warranty. The Author parties agree that the Platform’s failure to perform as designed or otherwise shall not be considered a failure of the essential purpose of the remedies contained herein. The entire risk of loss or other damage arising from the Platform’s quality and performance is with Participant. Participant acknowledges and agrees that the Platform licensed under this Agreement is for Participant’s internal business purposes only and as such is licensed "AS IS" with all faults. Host shall not be obligated to provide any support of any kind to Participant, including without limiting the foregoing, any services or support related to failure or malfunction of the Platform, use of the Platform, contacting other participants or telephone consultation. HOST MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT, WITH RESPECT TO THE PLATFORM; RESULTS OBTAINED FROM USE OF THE PLATFORM; OR THE ACCURACY OF THE DATA ACCESSED BY USE OF THE PLATFORM. HOST SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, GENERAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL, OR ANY OTHER LOSS, EXPENSE, COST OR DEFICIENCY ARISING OUT OF OR RESULTING FROM PARTICIPANT'S USE OF THE PLATFORM, CONFIDENTIAL INFORMATION OR PROPRIETARY INFORMATION, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. Participant represents and warrants that all information submitted as part of a proposed solution is true and represents that: complete to the best of Participant’s knowledge, and that the proposed solution:
(a) the Author has is Participant’s own original work, or is used by permission with full right, power and authority to enter into and perform its obligations under this Agreement; and proper credit given within Participant’s proposed solution;
(b) does not contain confidential information or trade secrets (Participant’s or anyone else’s);
(c) does not violate or infringe upon the Author is the sole legal owner patent rights, industrial design rights, copyrights, trademarks, rights of (and/or has been fully authorised by any additional rights owner to grant) the rights licensed in the Clause "Rights Granted" and use of the Contribution shall in no way whatever infringe privacy, publicity or violate any other intellectual property or related other rights (including any copyright, database right, moral right or trademark right) or any other right or interest of any third party subject only to the provisions in the Clause "The Author's Responsibilities" regarding Third Party Material (as defined above); and (c) the Contribution shall not contain anything that may cause religious person or racial hatred or encourage terrorism or unlawful acts or be defamatory (or contain malicious falsehoods), or be otherwise actionable, including, but not limited to, any action related to any injury resulting from the use of any practice or formula disclosed in the Contribution and all of the purported facts contained in the Contribution are according to the current body of research and understanding true and accurate; and entity;
(d) there is no does not contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information;
(e) does not and will not violate any applicable law, statute, ordinance, rule or regulation; and
(f) does not trigger any reporting or royalty obligation of confidentiality owed in respect of any contents of the Contribution to any third party party. The warranties, obligations, liabilities and remedies of the Contribution parties, as provided herein, are exclusive and in lieu of any others available at law or in equity. To the fullest extent allowed by law, releases from, and limitations of liability shall not contain anything which infringes or violates any trade secretapply notwithstanding the breach of contract, right of privacy or publicity or any other personal or human right or the processing or publication of which could breach applicable data protection law and that informed consent to publish has been obtained for all research tort including negligence, strict liability or other featured participants; and (e) the Contribution has not been previously licensed, published or exploited and use theory of legal liability of the Contribution shall not infringe party released or violate any contract, express or implied, to which the Author, or any co-author, who had entered into this Agreement,whose liability is a party and any academic institution, employer or other body in which work recorded in the Contribution was created or carried out has authorised and approved such work and its publication. The Author warrants and represents that the Author, and each co-author who has entered into this Agreement, shall at all times comply in full with: (a) all applicable anti-bribery and corruption laws; and (b) all applicable data protection and electronic privacy and marketing laws and regulations; and (c) the Publisher's ethic rules (available at ▇▇▇▇▇://▇▇▇limited.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/gp/authors/book-authors-code-of-conduct), as may be updated by the Publisher at any time in its sole discretion. The Publisher shall notify the Author in the event of material changes by email or other written means (the "Applicable Laws"). If the Author is in material breach of any of the Applicable Laws or otherwise in material breach of accepted ethical standards in research and scholarship, or becomes the subject of any comprehensive or selective sanctions issued in any applicable jurisdiction (e.g. being subject to the OFAC sanctions list) or if, in the opinion of the Publisher, at any time any act, allegation or conduct of or about the Author prejudices the production or successful exploitation of the Contribution and the Work or brings the name and/or reputation of the Publisher or the Work into disrepute, or is likely to do so, then the Publisher may terminate this Agreement in accordance with the Clause "Termination". The Publisher reserves the right to amend and/or require the Author to amend the Contribution at any time to remove any actual or potential breach of the above warranties and representations or otherwise unlawful part(s) which the Publisher or its internal or external legal advisers identify at any time. Any such amendment or removal shall not affect the warranties and representations given by the Author in this Agreement.
Appears in 1 contract
Sources: Participation Agreement
Warranty. 6.1 The Author warrants and represents that: :
(a) the Author has full right, power and authority to enter into and perform its obligations under this Agreement; and and
(b) the Author is the sole legal owner of (and/or has been fully authorised by any additional rights owner to grant) the rights licensed in the Clause "Rights Granted" and use of the Contribution under the respective Creative Commons Licence shall in no way whatever infringe or violate any intellectual property or related rights (including any copyright, database right, moral right or trademark right) or any other right or interest of any third party subject only to the provisions in the Clause "The Author's Responsibilities" regarding Third Party Material (as defined above); and and
(c) the Contribution shall not contain anything that may cause religious or racial hatred or encourage terrorism or unlawful acts or be defamatory (or contain malicious falsehoods), or be otherwise actionable, including, but not limited to, any action related to any injury resulting from the use of any practice or formula disclosed in the Contribution and all of the purported facts contained in the Contribution are according to the current body of research and understanding true and accurate; and and
(d) there is no obligation of confidentiality owed in respect of any contents of the Contribution to any third party and the Contribution shall not contain anything which infringes or violates any trade secret, right of privacy or publicity or any other personal or human right or the processing or publication of which could breach applicable data protection law and that informed consent to publish has been obtained for all research or other featured participants; and and
(e) the Contribution has not been previously licensed, published or exploited and use of the Contribution shall not infringe or violate any contract, express or implied, to which the Author, or any co-author, who had entered into this Agreement,is a party and any academic institution, employer or other body in which work recorded in the Contribution was created or carried out has authorised and approved such work and its publication. .
6.2 The Author warrants and represents that the Author, and each co-author who has entered into this Agreement, shall at all times comply in full with: :
(a) all applicable anti-bribery and corruption laws; and and
(b) all applicable data protection and electronic privacy and marketing laws and regulations; and and
(c) the Publisher's ethic rules (as laid down in the Book Authors' Code of Conduct currently available online at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/gp/authors/book-authors-code-of-conduct), as may be updated by the Publisher at any from time in its sole discretion. The Publisher shall notify the Author to time (provided that in the event of material changes the Publisher shall notify the Author by email or other written means email) (the "Applicable Laws"). If the Author is in material breach of any of the Applicable Laws or otherwise in material breach of accepted ethical standards in research and scholarship, or becomes the subject of any comprehensive or selective sanctions issued in any applicable jurisdiction (e.g. being subject to the OFAC sanctions list) or if, in the opinion of the Publisher, at any time any act, allegation or conduct of or about the Author prejudices the production or successful exploitation of the Contribution and the Work or brings the name and/or reputation of the Publisher or the Work into disrepute, or is likely to do so, then the Publisher may terminate this Agreement in accordance with the Clause "Termination". .
6.3 The Publisher reserves the right to amend and/or require the Author to amend the Contribution at any time to remove any actual or potential breach of the above warranties and representations or otherwise unlawful part(s) which the Publisher or its internal or external legal advisers identify at any time. Any such amendment or removal shall not affect the warranties and representations given by the Author in this Agreement.
Appears in 1 contract
Sources: Publishing Agreement
Warranty. 8.1 The Author warrants and represents that: :
(a) the Author has full right, power and authority to enter into and perform its obligations under this Agreement; and and
(b) the Author is the sole legal owner of (and/or has been fully authorised by any additional rights owner to grant) the rights licensed in the Clause "Rights Granted" and use of the Contribution shall in no way whatever infringe or violate any intellectual property or related rights (including any copyright, database right, moral right or trademark right) or any other right or interest of any third party subject only to the provisions in the Clause "The Author's Responsibilities" regarding Third Party Material (as defined above); and and
(c) the Contribution shall not contain anything that may cause religious or racial hatred or encourage terrorism or unlawful acts or be defamatory (or contain malicious falsehoods), or be otherwise actionable, including, but not limited to, any action related to any injury resulting from the use of any practice or formula disclosed in the Contribution and all of the purported facts contained in the Contribution are according to the current body of research science and understanding true and accurate; and and
(d) there is no obligation of confidentiality owed in respect of any contents of the Contribution to any third party and the Contribution shall not contain anything which infringes or violates any trade secret, right of privacy or publicity or any other personal or human right or the processing or publication of which could breach applicable data protection law and that informed consent to publish has been obtained for all research or other featured participants; and and
(e) the Contribution has not been previously licensed, published or exploited and use of the Contribution shall not infringe or violate any contractanycontract, express or implied, to which the Author, or any co-author, who had entered into this Agreement,, is a party and any academic institution, employer or other body in which work recorded in the Contribution was created or carried out has authorised and approved such work and its publication. .
8.2 The Author warrants and represents that the Author, and each co-author who has entered into this Agreement, shall at all times comply in full with: :
(a) all applicable anti-bribery and corruption laws; and and
(b) all applicable data protection and electronic privacy and marketing laws and regulations; and and
(c) the Publisher's ethic rules (available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/gp/authors/publish-a-book/step-authorsby-codestep-of-conductconference- proceedings), as may be updated by the Publisher at any time in its sole discretion. The Publisher shall notify the Author in the event of material changes by email or other written means (the "Applicable Laws"). If the Author is in material breach of any of the Applicable Laws or otherwise in material breach of accepted ethical standards in research and scholarship, or becomes the subject of any comprehensive or selective sanctions issued in any applicable jurisdiction (e.g. being subject to the OFAC sanctions list) or if, in the opinion of the Publisher, at any time any act, allegation or conduct of or about the Author prejudices the production or successful exploitation of the Contribution and the Work or brings the name and/or reputation of the Publisher or the Work into disrepute, or is likely to do so, then the Publisher may terminate this Agreement in accordance with the Clause "Termination". .
8.3 The Publisher reserves the right to amend and/or require the Author to amend the Contribution at any time to remove any actual or potential breach of the above warranties and representations or otherwise unlawful part(s) which the Publisher or its internal or external legal advisers identify at any time. Any such amendment or removal shall not affect the warranties and representations given by the Author in this Agreement.
Appears in 1 contract
Sources: Publishing Agreement
Warranty. The Author warrants and represents that: (a) the Author has full right, power and authority to enter into and perform its obligations under this Agreement; and (b) the Author is the sole legal owner of (and/or has been fully authorised by any additional rights owner to grant) the rights licensed in the Clause "Rights Granted" and use of the Contribution shall in no way whatever infringe or violate any intellectual property or related rights (including any copyright, database right, moral right or trademark right) or any other right or interest of any third party subject only to the provisions in the Clause "The Author's Responsibilities" regarding Third Party Material (as defined above); and (c) the Contribution shall not contain anything that may cause religious or racial hatred or encourage terrorism or unlawful acts or be defamatory (or contain malicious falsehoods), or be otherwise actionable, including, but not limited to, any action related to any injury resulting from the use of any practice or formula disclosed in the Contribution and all of the purported facts contained in the Contribution are according to the current body of research and understanding true and accurate; and (d) there is no obligation of confidentiality owed in respect of any contents of the Contribution to any third party and the Contribution shall not contain anything which infringes or violates any trade secret, right of privacy or publicity or any other personal or human right or the processing or publication of which could breach applicable data protection law and that informed consent to publish has been obtained for all research or other featured participants; and (e) the Contribution has not been previously licensed, published or exploited and use of the Contribution shall not infringe or violate any contract, express or implied, to which the Author, or any co-author, who had entered into this Agreement,is a party and any academic institution, employer or other body in which work recorded in the Contribution was created or carried out has authorised and approved such work and its publication. The Author warrants and represents that the Author, and each co-author who has entered into this Agreement, shall at all times comply in full with: (a) all applicable anti-bribery and corruption laws; and (b) all applicable data protection and electronic privacy and marketing laws and regulations; and (c) the Publisher's ethic rules (as laid down in the Book Authors' Code of Conduct currently available online at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/gp/authors/book-authors-code-of-conduct), as may be updated by the Publisher at any from time in its sole discretion. The Publisher shall notify the Author to time (provided that in the event of material changes the Publisher shall notify the Author by email or other written means email) (the "Applicable Laws"). If the Author is in material breach of any of the Applicable Laws or otherwise in material breach of accepted ethical standards in research and scholarship, or becomes the subject of any comprehensive or selective sanctions issued in any applicable jurisdiction (e.g. being subject to the OFAC sanctions list) or if, in the opinion of the Publisher, at any time any act, allegation or conduct of or about the Author prejudices the production or successful exploitation of the Contribution and the Work or brings the name and/or reputation of the Publisher or the Work into disrepute, or is likely to do so, then the Publisher may terminate this Agreement in accordance with the Clause "Termination". The Publisher reserves the right to amend and/or require the Author to amend the Contribution at any time to remove any actual or potential breach of the above warranties and representations or otherwise unlawful part(s) which the Publisher or its internal or external legal advisers identify at any time. Any such amendment or removal shall not affect the warranties and representations given by the Author in this Agreement.
Appears in 1 contract
Sources: Publishing Agreement
Warranty. The Author warrants and represents that: (a) the Author author has full right, power and authority to enter into and perform its obligations under this Agreement; and (b) the Author author is the sole legal owner of (and/or has been fully authorised by any additional rights owner to grant) the rights licensed in the Clause "Rights Granted" and use of the Contribution shall in no way whatever infringe or violate any intellectual property or related rights (including any copyright, database right, moral right or trademark right) or any other right or interest of any third party subject only to the provisions in the Clause "The Author's Responsibilities" regarding Third Party Material (as defined above); and (c) the Contribution shall not contain anything that may cause religious or racial hatred or encourage terrorism or unlawful acts or be defamatory (or contain malicious falsehoods), or be otherwise actionable, including, but not limited to, any action related to any injury resulting from the use of any practice or formula disclosed in the Contribution and all of the purported facts contained in the Contribution are according to the current body of research science and understanding true and accurate; and (d) there is no obligation of confidentiality owed in respect of any contents of the Contribution to any third party and the Contribution shall not contain anything which infringes or violates any trade secret, right of privacy or publicity or any other personal or human right or the processing or publication of which could breach applicable data protection law and that informed consent to publish has been obtained for all research or other featured participants; and (e) the Contribution has not been previously licensed, published or exploited and use of the Contribution shall not infringe or violate any contract, express or implied, to which the Authorauthor, or any co-author, who had entered into this Agreement,, is a party and any academic institution, employer or other body in which work recorded in the Contribution was created or carried out has authorised and approved such work and its publication. The Author warrants and represents that the Authorauthor, and each co-author who has entered into this Agreement, shall at all times comply in full with: (a) all applicable anti-bribery and corruption laws; and (b) all applicable data protection and electronic privacy and marketing laws and regulations; and (c) the Publisherpublisher's ethic rules (available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/gp/authors/book-authors-code-of-conduct), as may be updated by the Publisher publisher at any time in its sole discretion. The Publisher publisher shall notify the Author author in the event of material changes by email or other written means (the "Applicable Laws"). If the Author author is in material breach of any of the Applicable Laws or otherwise in material breach of accepted ethical standards in research and scholarship, or becomes the subject of any comprehensive or selective sanctions issued in any applicable jurisdiction (e.g. being subject to the OFAC sanctions list) or if, in the opinion of the Publisherpublisher, at any time any act, allegation or conduct of or about the Author author prejudices the production or successful exploitation of the Contribution and the Work or brings the name and/or reputation of the Publisher or the Work into disrepute, or is likely to do so, then the Publisher publisher may terminate this Agreement in accordance with the Clause "Termination". The Publisher publisher reserves the right to amend and/or require the Author author to amend the Contribution at any time to remove any actual or potential breach of the above warranties and representations or otherwise unlawful part(s) which the Publisher publisher or its internal or external legal advisers identify at any time. Any such amendment or removal shall not affect the warranties and representations given by the Author author in this Agreement.
Appears in 1 contract
Sources: Publishing Agreement
Warranty. 8.1 The Author warrants and represents that: :
(a) the Author has full right, power and authority to enter into and perform its obligations under this Agreement; and and
(b) the Author is the sole legal owner of (and/or has been fully authorised by any additional rights owner to grant) the rights licensed in the Clause "Rights Granted" and use of the Contribution shall in no way whatever infringe or violate any intellectual property or related rights (including any copyright, database right, moral right or trademark right) or any other right or interest of any third party subject only to the provisions in the Clause "The Author's Responsibilities" regarding Third Party Material (as defined above); and and
(c) the Contribution shall not contain anything that may cause religious or racial hatred or encourage terrorism or unlawful acts or be defamatory (or contain malicious falsehoods), or be otherwise actionable, including, but not limited to, any action related to any injury resulting from the use of any practice or formula disclosed in the Contribution and all of the purported facts contained in the Contribution are according to the current body of research science and understanding true and accurate; and and
(d) there is no obligation of confidentiality owed in respect of any contents of the Contribution to any third party and the Contribution shall not contain anything which infringes or violates any trade secret, right of privacy or publicity or any other personal or human right or the processing or publication of which could breach applicable data protection law and that informed consent to publish has been obtained for all research or other featured participants; and and
(e) the Contribution has not been previously licensed, published or exploited and use of the Contribution shall not infringe or violate any contractanycontract, express or implied, to which the Author, or any co-author, who had entered into this Agreement,, is a party and any academic institution, employer or other body in which work recorded in the Contribution was created or carried out has authorised and approved such work and its publication. .
8.2 The Author warrants and represents that the Author, and each co-author who has entered into this Agreement, shall at all times comply in full with: :
(a) all applicable anti-bribery and corruption laws; and and
(b) all applicable data protection and electronic privacy and marketing laws and regulations; and and
(c) the Publisher's ethic rules (available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/gp/authors/book-authors-code-of-conduct), as may be updated by the Publisher at any time in its sole discretion. The Publisher shall notify the Author in the event of material changes by email or other written means (the "Applicable Laws"). If the Author is in material breach of any of the Applicable Laws or otherwise in material breach of accepted ethical standards in research and scholarship, or becomes the subject of any comprehensive or selective sanctions issued in any applicable jurisdiction (e.g. being subject to the OFAC sanctions list) or if, in the opinion of the Publisher, at any time any act, allegation or conduct of or about the Author prejudices the production or successful exploitation of the Contribution and the Work or brings the name and/or reputation of the Publisher or the Work into disrepute, or is likely to do so, then the Publisher may terminate this Agreement in accordance with the Clause "Termination". .
8.3 The Publisher reserves the right to amend and/or require the Author to amend the Contribution at any time to remove any actual or potential breach of the above warranties and representations or otherwise unlawful part(s) which the Publisher or its internal or external legal advisers identify at any time. Any such amendment or removal shall not affect the warranties and representations given by the Author in this Agreement.
Appears in 1 contract
Sources: Publishing Agreement
Warranty. The (a) Author warrants and represents that: (a) that the Work is original; that Author is the sole author and proprietor of the Work; that Author has the full right, power and authority to enter into this agreement and perform its obligations under this Agreement; and (b) the Author is the sole legal owner of (and/or has been fully authorised by any additional rights owner to grant) grant the rights licensed granted hereunder to Dove, that there are no claims, liens, or encumbrances against the Work, that Author has not previously assigned, transferred or otherwise encumbered the Work in any manner which will conflict, interfere with, or impair the Clause "Rights Granted" rights granted to Dove herein. Author further warrants and use of represents that the Contribution shall in no way whatever Work, when published by Dove, will not infringe upon any statutory or violate any intellectual property or related rights (including any common law copyright, database right, moral right or trademark right) or any other right or interest of any third party subject only to invade the provisions in the Clause "The Author's Responsibilities" regarding Third Party Material (as defined above); and (c) the Contribution shall not contain anything that may cause religious or racial hatred or encourage terrorism or unlawful acts or be defamatory (or contain malicious falsehoods), or be otherwise actionable, including, but not limited to, any action related to any injury resulting from the use of any practice or formula disclosed in the Contribution and all of the purported facts contained in the Contribution are according to the current body of research and understanding true and accurate; and (d) there is no obligation of confidentiality owed in respect of any contents of the Contribution to any third party and the Contribution shall not contain anything which infringes or violates any trade secret, right of privacy or publicity of any third person, or contain any other personal matter that is defamatory, libelous or human right slanderous or otherwise in contravention of the rights of any third persons or party anywhere in the world, that nothing contained in the Work is injurious, harmful or damaging to the health of a user, and that all statements in the Work asserted as facts are true or are based upon reasonable research for accuracy.
(b) Author agrees to defend and indemnify and hold harmless Dove, and its officers, directors, shareholders, employees, agents, representatives, successors, licensees, assigns, distributors and any seller of the Cassettes against any loss, liability, damage, cost, expense, claim, demand, action or proceeding that may be brought, including reasonable attorney fees and costs, arising from a breach or alleged breach of warranties set forth in this paragraph or otherwise arising from the Work or the processing or publication of which could breach applicable data protection law and that informed consent to publish has been obtained for all research or other featured participants; and rights therein.
(ec) the Contribution has not been previously licensed, published or exploited and use of the Contribution shall not infringe or violate any contract, express or implied, to which the Author, or any co-author, who had entered into this Agreement,is a party and any academic institution, employer or other body in which work recorded in the Contribution was created or carried out has authorised and approved such work and its publication. The Author warrants and represents that the Author, and each co-author who has entered into this Agreement, Author shall at all times comply in full with: (a) all applicable anti-bribery and corruption laws; and (b) all applicable data protection and electronic privacy and marketing laws and regulations; and (c) the Publisher's ethic rules (available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/gp/authors/book-authors-code-of-conduct), as may be updated by the Publisher at any time in its sole discretion. The Publisher shall notify the Author in the event of material changes by email or other written means (the "Applicable Laws"). If the Author is in material breach of any provide Dove with a complete copyright report of the Applicable Laws Work, to be delivered to Dove either prior to or otherwise in material breach of accepted ethical standards in research and scholarship, or becomes the subject of any comprehensive or selective sanctions issued in any applicable jurisdiction (e.g. being subject to the OFAC sanctions list) or if, in the opinion of the Publisher, at any time any act, allegation or conduct of or about the Author prejudices the production or successful exploitation of the Contribution and the Work or brings the name and/or reputation of the Publisher or the Work into disrepute, or is likely to do so, then the Publisher may terminate this Agreement in accordance contemporaneous with the Clause "Termination"signing of this agreement. The Publisher reserves Author shall be solely responsible for all costs incurred in connection with the right to amend and/or require the Author to amend the Contribution at any time to remove any actual or potential breach preparation of the above warranties and representations or otherwise unlawful part(s) which the Publisher or its internal or external legal advisers identify at any time. Any such amendment or removal shall not affect the warranties and representations given by the Author in this Agreementsaid copyright report.
Appears in 1 contract
Sources: Exclusive Publication Agreement (Dove Entertainment Inc)