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