AGREEMENT made the . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . 2001
BETWEEN
RMIT University, represented by ultiBASE, of 124 LaTrobe Street, Melbourne in the State of Victoria ('the University')
AND
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Full Name)
of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ('the Author') (Address)
This Agreement sets out the terms and conditions on which the University through ultiBASE publishes material on its World Wide Web site (url: http://ultibase.rmit.edu.au).
THE UNIVERSITY AND THE AUTHOR AGREE:
1. The University will publish the article entitled
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . ('the work')
on ultiBASE and will retain it thereon for a period of not less than twelve
months provided that ultiBASE reserves the right to remove the article at an
earlier date in the event of ultiBASE ceasing to publish.
2. Except where there is any written agreement by the Parties to the contrary, the copyright in the work remains with the Author and the University will insert at the end of the work a statement that copyright is owned by the Author.
3. The Author warrants that he or she is the copyright owner of the work or, where not the copyright owner, has the consent of the copyright owner to publish the work or any part of it as the case may be and will include an appropriate acknowledgment of such consent in the work.
4. The Author warrants that to the best of his or her knowledge the work does not:
5. The Author indemnifies and shall keep indemnified the University in respect of the work against all costs, claims, liabilities, expenses, losses or damage incurred or sustained by the University arising out of any breach of the warranties given by the Author in this Agreement.(i) infringe the copyright of any other party;
(ii) contain any material which is defamatory or otherwise unlawful and that all
statements contained which are statementspurporting to be of facts are true.
6. The warranties and indemnity contained in this Agreement shall remain in force notwithstanding the termination of the Agreement.
7. The University shall have the right in consultation with the Author to correct or delete or otherwise alter any part of the work including any part which the University considers may be actionable in any way at law, without affecting or modifying the Author's warranties and indemnity in this Agreement. In the event of the University and the Author being unable to agree as to any alteration or deletion the University may terminate the Agreement by immediately giving written notice to the Author.
8. Where the work was first published by the University on ultiBASE the Author will acknowledge this on any future publication of the work or any work substantially derived from it, whether electronic or otherwise.
9. Where the Author receives any comment on the work after publication the Author will provide such comment and any response by the Author to the Editor of ultiBASE.
10. The Author agrees that the University may, after the work has been published on ultiBASE, publish it or an abstract on CD ROM or in print form.
11. Any difference arising between the University and the Author will be determined by the ultiBASE Editorial Committee.
SIGNED by:
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Please complete and sign this Agreement and fax it to ultiBASE on +61 3 9925 3049