Author Rights: Generic Publication Agreement

In 2009, the publication agreements for all journals where UHP copyrights each issue were modified to fit the following generic template. However, even in our earlier agreements, which required contributors to assign copyright to UHP, the Press returned to authors full control over their own contributions, in revised or unrevised form, so long as they cite the earlier publication by UHP.

The University of Hawai‘i Press (UHP) is pleased to undertake the publication of your work tentatively entitled ________________________________________
(the “Contribution”) in its publication Generic UHP Journal (the “Publication”).

You, the undersigned individual(s), will retain copyright to the Contribution as author(s); and you grant us, as publisher, the limited rights detailed below, which are expressly conditioned on the terms of this agreement.
We both acknowledge that a static agreement may not be able to contemplate all possible licensing arrangements, technologies or future developments, and therefore we both agree to cooperate in good faith to achieve our mutual goals of maximizing dissemination of your Contribution while ensuring the sustainability of scholarly publishing.

Accordingly, we submit the following terms of publication for your consideration.

1. License grant. You grant to UHP a worldwide, royalty-free, non-exclusive license to: (a) reproduce, publicly display, publicly perform and distribute the Contribution in the Publication; (b) authorize third party users of the Publication in electronic or digital (or other intangible) form to download and print out copies of the Contribution for their personal or internal institutional use; (c) authorize others to reproduce, publicly display, publicly perform and distribute the Contribution as part of the Publication through any distribution channels and in any media or format through which UHP may distribute or make available any portion of the contents of the Publication; and (d) deposit with or otherwise make the Contribution available to digital repositories as required by your funding sources upon your request.

The above rights may be exercised in all media and formats, whether now known or hereafter devised, in which the Publication as a whole (or any of its content) may be distributed, whether or not the Contribution may be individually or partially accessed or retrieved. The above rights include the right to edit the Contribution and to make such modifications as are technically necessary or desirable to exercise these rights in differing media and formats.

2. Exclusive rights. You grant to UHP the worldwide, royalty-free, exclusive right to first publish the Contribution, and you agree not to publish or authorize any third party to publish the Contribution in any media or format, for a period ending six (12) months after the date of first publication of the Contribution in the Publication (“Exclusivity Period”), except as provided below.

You retain the rights at any time during the Exclusivity Period: (i) reproduce and distribute a reasonable number of copies of any version of the Contribution, including but not limited to the published version, or portions or derivative works thereof, in the course of your teaching, research, conference presentations and similar professional, scientific, or academic activities (but not permit commercial publication or widespread distribution of the Contribution or any significant portion or derivative work thereof); (ii) post or otherwise make any version of the Contribution, or portions or derivative works thereof, available on your personal web site; and (iii) if and as required by your employing institution(s) or your funding source(s), make any version of the Contribution available on digital repositories; provided in each case UHP (and Generic UHP Journal) is cited as the first/forthcoming publisher of the Contribution and you accurately distinguish any modified version of the Contribution from that published or to be published by us.

3. Editing. You agree that the manuscript may be edited in a style suitable for Generic UHP Journal and in form satisfactory to UHP. The editors of Generic UHP Journal will make no material modification to the content of the Contribution without your consent. However, if you fail to return the edited manuscript or proofs of the Contribution by the reasonable deadline set by us, you will be deemed to have consented to that modified version.

4. Credit. UHP agrees to make commercially reasonable efforts to include (and require its sublicensees to include) appropriate credit to the author(s) in customary placement with every copy or use of the Contribution as described in Sections 1 and 2.

5. Complimentary copies. UHP will provide you with a .pdf file (i.e., an Adobe Acrobat Portable Document Format (.pdf), with the security settings set at “no security”) or similar electronic file corresponding to the Contribution as it appeared in the Publication. Following first publication of the Contribution in the Publication, in every instance in which you or others authorized by you republish the Contribution as it appeared in the Publication (whether as a .pdf or otherwise), or substantial portions thereof, or modified versions of the Contribution, you agree to include attribution to the following effect: “This article [or, if applicable: Portions of this article] first appeared in the [volume, issue, year] issue of Any UHP Journal published by the University of Hawai‘i Press”, and to accurately distinguish any modified version of the Contribution from that published by us. Subject to your credit obligations and our exclusive rights, you remain free to use and license the Contribution in any manner you deem appropriate.

6. Warranties. You warrant that (i) you are the creator of the Contribution or otherwise have the rights necessary to grant the licenses granted to UHP herein; (ii) the Contribution has not been published or scheduled for publication elsewhere, in whole or in part; and (iii) the Contribution contains no material that infringes or violates any intellectual property or contractual rights of others or that constitutes defamation or invasion of privacy. You agree to hold harmless and indemnify UHP against any claim to the contrary. The foregoing warranties apply only to the Contribution in the form submitted by you to UHP, and not to any modifications or additions made by UHP, reviewers or other third parties.

Permissions: Should the Contribution contain material that requires written permission for inclusion in the Contribution, such permission shall be obtained at your own expense from the copyright proprietor and submitted in writing for review to the editor of the journal with the manuscript.

Subsidiary Rights and Compensation: It is understood that you will receive no monetary compensation from the University for the assignment of copyright and publication of the Work in the Journal.

7. Reservation of rights. Except for the express licenses granted above, you retain all rights, title, and interest in and to the Contribution. Subject to Section 2, nothing in this agreement will prevent or limit you from creating or publishing the same, similar or derivative works on the same or similar topics. The license rights granted by you are limited to the version(s) of the Contribution submitted by you and the version(s) approved by you pursuant to Section 3, the copyright of which versions shall be owned by you.

8. Miscellaneous. This agreement contains the entire understanding of the parties and will be governed by the laws of the State of Hawai‘i, without reference to its conflicts of laws principles. This agreement can only be modified by an agreement in writing signed by the parties. This agreement may be executed in one or more counterparts (including, without limitation, by facsimile or .pdf signature) each of which will be deemed an original and all of which will be taken together and deemed to be one instrument. UHP may assign this agreement in connection with a sale of the Publication or a sale, merger or reorganization of our organization.

If the foregoing terms are acceptable, please sign and date this agreement. All joint authors must sign. Please return the original to the editor of Generic UHP Journal immediately and retain a copy for your records.

Corresponding author name (print or type): __________________________
Author signature: ___________________________________________________
Date: _________________________
Address: ______________________________________

Joint author name (print or type): __________________________________
Author signature: ___________________________________________________
Date: _________________________
Joint author name (print or type): __________________________________
Author signature: ___________________________________________________
Date: _________________________

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