henceforth referred to as “The Employee”,
have agreed as follows:
Article 1: License to make publicly available
- The Employee grants the University the non-exclusive right to make any short scientific work (‘the Work’) that the Employee published or may in future publish while employed by the University, and that meets the conditions set out in Article 25fa of the Copyright Act, publicly available in the institutional repository for no consideration.
- The Employee may at any time exclude work from the procedures set out in Article 1.1 for making work publicly available.
- The University is not permitted to grant sublicenses.
Article 2: Warranties and obligations
- The Employee warrants that he or she is the author of the Work and is permitted to enter into this agreement.
- The University warrants to the Employee that it will support the Employee, both legally and financially, if a third party asserts any claim against the Employee as a result of this agreement. The University will arrange for legal aid at the University’s expense. The University will reimburse in full any costs, fines or compensation for damages that may be payable by the Employee as a result of the Work being made publicly available under the terms of this agreement.
- The University will not make the Work publicly available within six months after it was first published.
- The University will at all times make clear reference to the source of the first publication of the Work.
- In the case of publications as referred to in Article 1.1, the University processes personal data of the Employee, including in any event his or her surname, initial(s), title, position, research field, faculty/department and publications.
Article 3: Duration and termination
- This agreement is entered into for the duration of the copyright and ends immediately, by operation of law and without any notice being required, irrespective of the provisions laid down in law regarding the termination and dissolution of an agreement, as soon as the copyright expires or a Dutch court rules in proceedings on the substance of a case that no copyright is vested in the Work(s), and this judgment is declared final and not open to appeal.
Article 4: Applicable law and choice of forum
- This agreement is governed by Dutch law.
- Any disputes arising between the University and the Employee in respect of this agreement or other agreements arising from this agreement will be submitted to the competent court in Rechtbank Midden-Nederland.