Publication contract

Please note that this version of the contract is a machine translation and is for information purposes only. The legally binding German version.

The publication agreement for JLUpub regulates the legal relationship between the rights holder and Justus Liebig University (JLU) Giessen in the electronic publication of documents and research data (hereinafter referred to as digital objects). The executing agency is the University Library of Justus Liebig University Giessen as the operating institution of JLUpub.

§ 1 Granting of rights and obligations of the rights holder

  1. The rights holder grants JLU Giessen a perpetual, non-exclusive, non-exclusive right to make the submitted digital objects publicly accessible (with a time delay, if applicable), to distribute, to reproduce, and to store them on the library’s servers for JLUpub, free of charge and irrevocably. The rights to authorship and exploitation of the digital objects in other forms remain unaffected. In the case of a secondary publication, it is assured that the publication does not conflict with an already existing publishing contract.

  2. JLU Giessen is granted the right to make technical changes to the digital objects if necessary (e.g. for the purpose of long-term physical preservation or long-term archiving, accessibility or better accessibility, for further evaluations) and to convert them into other electronic and physical formats.

  3. The rights holder submits the digital objects in coordination with all authors involved and assures to act on their behalf.

  4. The rights holder ensures that the provision of the digital objects does not violate any legal regulations and that the rights of third parties (e.g. publishers) are not infringed. Furthermore, it is assured that in cases of doubt or if alleged or actual legal obstacles arise that prevent the implementation of this contract, JLU Gießen must be informed immediately. If the legal obstacle or ambiguity cannot be removed, JLU Giessen may withdraw from the contract. Should the rights of third parties be infringed, the rights holder shall indemnify JLU from all recourse claims of third parties.

  5. The rights holder is responsible for the content of the digital objects.

  6. JLU Gießen is granted the right to make the delivered metadata of the digital objects available under a CC0 license.

  7. JLU Giessen is entitled to make the digital objects available for online provision or long-term archiving (e.g. by the German National Library) within the framework of national collection orders, insofar as this is not precluded by express agreements with third parties (e.g. publishers).

§ 2 Rechte und Pflichten der JLU Gießen

  1. The digital objects will be kept available by JLU Giessen for an unlimited period of time and in their original form, i.e. in the form handed over by the person and/or in an appropriately prepared form, within the scope of organizational and technical possibilities.

  2. JLU Gießen ensures the unique and permanent addressing of digital objects via persistent identifiers (DOI) and thus ensures reliable citability.

  3. Once published, the digital objects cannot be deleted, retracted, corrected or modified.

  4. JLU Giessen assures to inform the person immediately in case of doubt or if alleged or actual legal obstacles arise that prevent the execution of this contract. JLU Giessen is entitled to block access to the digital objects if there are concrete indications of a violation of the rights of third parties.

§ 3 Data protection

  1. The rights holder declares his or her consent and ensures that his or her own personal data and the personal data of any persons involved (e.g. name, organizational affiliation, contact information) contained in the digital objects may be published worldwide.

  2. For personal data within the meaning of the applicable data protection regulations that go beyond those specified in Section 3 (1), the rights holder must demonstrably obtain the consent of the persons concerned; otherwise, such data must be de facto anonymized.

  1. In the event of a legal succession to the delivered digital objects, the rights holder must inform JLU Gießen accordingly and name the successor.

  2. If, in particular in the event of the death or non-traceability of the whereabouts of the rights holder, the legal succession is no longer perfectly traceable, all rights to the digital objects shall pass to JLU Giessen as trustee.

§ 5 Dissertation and postdoctoral thesis

  1. If the digital objects are a dissertation or postdoctoral thesis submitted to and accepted by Justus Liebig University, the author assures that the dissertation or postdoctoral thesis submitted to JLU Gießen in digital and printed version corresponds in form and content to the submitted and approved version.

§ 6 Final and exam paper

  1. If the digital objects are final or examination papers, e.g. Bachelor’s, Master’s, study or state examination papers, these can only be published at the request of the student and with a recommendation from the supervisor of the paper.

§ 7 Scope of liability

  1. The liability of JLU Giessen is limited to intent and gross negligence in connection with the storage activity in execution of this agreement. JLU Giessen is not liable for damages or disadvantages caused by users or third parties.

  2. JLU Gießen endeavors to provide all services carefully and according to the currently available state of the art. JLU Gießen does not assume any further warranty or liability, in particular for the realization of certain functions of JLUpub, the usability for certain purposes and the correctness or completeness of the digital objects provided.

§ 8 Final Provisions, Applicable Law

  1. Amendments and supplements to this contract must be made in writing. This also applies to the waiver of the written form requirement.

  2. The contract is subject to the law of the Federal Republic of Germany.

  3. The place of jurisdiction for all disputes arising from this agreement shall be Gießen, unless otherwise stipulated by mandatory law.

  4. The invalidity or ineffectiveness of individual provisions of this contract shall not affect the validity of the remaining provisions of the contract. The parties are obliged to replace the defective provision with a provision that comes as close as possible to the invalid provision in factual, economic and legal terms. The same shall apply if there is a gap in the contract.

As of 08.12.2020