CTP 51
CTP 51
CTP 51
This Publishing Agreement (this “Agreement”) has been approved by and entered into between
Dr.C.J. Thomas Renald1, S.Yuvaraj2,Dr.J.David Rathnaraj3
1Associate Professor, Department of Aeronautical Engineering,,Sri Ramakrishna Engineering College, Coimbatore, Tamilnadu,
India
2Assistant Professor, Department of Aeronautical Engineering,,Sri Ramakrishna Engineering College, Coimbatore, Tamilnadu,
India
3Professor and Head, Department of Aeronautical Engineering,,Sri Ramakrishna Engineering College, Coimbatore, Tamilnadu,
India
(the “Author”)
whereas, in the event that the Author is more than one person, C.J.Thomas Renald serves as corresponding author (the
“Corresponding Author”)
The Publisher intends to publish the Author’s contribution in a collected work provisionally entitled:
Innovative Design, Analysis and Development Practices in Aerospace and Automotive Engineering - Proceedings of I-DAD 2020
(the “Work”)
edited by:
Nicolas Gascoin, E. Balasubramanian
(the “Editor”)
The Publisher intends to publish the Work under the imprint Springer.
The Work may be published in the book series Lecture Notes in Mechanical Engineering.
§1 Contracting authors
When the Author is more than one person then, unless otherwise indicated in this Agreement or agreed in writing by the Publisher: (a) the
expression “Author” as used in this Agreement will apply collectively for all such persons (each a "co-author"); (b) the Corresponding Author
hereby warrants and represents that all co-authors of the contribution have expressly agreed that the Corresponding Author has full right, power
and authority to sign this Agreement on their behalf, that the Corresponding Author is entitled to act on their behalf, and that they shall be bound
by the Corresponding Author, with respect to all matters, responsibilities, notices and communications related to this Agreement; the
Corresponding Author shall obtain authorisations and make them available to the Publisher on request; and (c) each co-author is jointly and
severally responsible for the Author’s obligations under this Agreement which apply to each co-author individually and to the co-authors
collectively and the Publisher shall not be bound by any separate agreement or legal relationship as between the co-authors.
§ 3 Rights Granted
3.1 The Author hereby grants to the Publisher the perpetual, sole and exclusive, world-wide, transferable, sub-licensable and unlimited right to
publish, produce, copy, distribute, communicate, display publicly, sell, rent and/or otherwise make available the Contribution in any language, in
any versions or editions in any and all forms and/or media of expression (including without limitation in connection with any and all end-user
devices), whether now known or developed in the future, in each case with the right to grant further time-limited or permanent rights. The above
rights are granted in relation to the Contribution as a whole or any part and with or in relation to any other works.
Without limitation, the above grant includes: (a) the right to edit, alter, adapt, adjust and prepare derivative works; (b) all advertising and
marketing rights including without limitation in relation to social media; (c) rights for any training, educational and/or instructional purposes; and
(d) the right to add and/or remove links or combinations with other media/works.
The Author hereby grants to the Publisher the right to create, use and/or license and/or sub-license content data or metadata of any kind in
relation to the Contribution or parts thereof (including abstracts and summaries) without restriction.
The Publisher also has the right to commission completion of the Contribution in accordance with the Clause "Author’s Responsibilities – Delivery
and Acceptance of the Manuscript" and of an updated version of the Contribution for new editions of the Work in accordance with the Clause
"New Editions".
3.2 The copyright in the Contribution shall be vested in the name of the Author. The Author has asserted their right(s) to be identified as the
originator of the Contribution in all editions and versions, published in all forms and media. The Author agrees that all editing, alterations or
amendments to the Contribution made by or on behalf of the Publisher or its licensees for the purpose of fulfilling this Agreement or as otherwise
allowed by the above rights shall not require the approval of the Author and will not infringe the Author's "moral rights" (or any equivalent rights).
This includes changes made in the course of dealing with retractions or other legal issues.
The Author shall retain a duplicate copy of the Contribution. The Contribution shall be in a form acceptable to the Publisher (acting reasonably)
and in line with the instructions contained in the Publisher’s guidelines as provided to the Author by the Publisher. The Author shall provide at the
same time, or earlier if the Publisher reasonably requests, any editorial, publicity or other information (and in such form or format) reasonably
required by the Publisher. The Publisher may exercise such additional quality control of the manuscript as it may decide at its sole discretion
including through the use of plagiarism checking systems and/or peer-review by internal or external reviewers of its choice. If the Publisher decides
at its sole discretion that the final manuscript does not conform in quality, content, structure, level or form to the stated requirements of the
Publisher, the Publisher shall be entitled to terminate this Agreement in accordance with the provisions of this Clause.
6.1.2 The Author must inform the Publisher at the latest on the Delivery Date if the sequence of the naming of any co-authors entering into this
Agreement shall be changed. If there are any changes in the authorship (e.g. a co-author joining or leaving), then the Publisher must be notified by
the Author in writing immediately and the Parties will amend this Agreement accordingly. The Publisher shall have no obligation to consider
publication under this Agreement in the absence of such agreed amendment.
6.1.3 If the Author fails to deliver the Contribution by the Delivery Date, or within any extension period given by the Publisher, at its sole
discretion, in accordance with the provisions of this Clause above, or if the Author, or in the case of co-authors having entered into this Agreement,
any co-author, dies or becomes incapacitated or otherwise incapable of performing the Author’s obligations under this Agreement, the Publisher
shall be entitled to either:
(a) elect to continue to perform this Agreement in accordance with its terms and the Publisher may commission an appropriate and competent
person (who, in the case of co-authors having entered into this Agreement, may be a co-author) to complete the Contribution; or
(b) terminate this Agreement with immediate effect by written notice to the Author or the Author's successors, in which case all rights granted by
the Author to the Publisher under this Agreement shall revert to the Author/Author's successors (subject to the provisions of the Clause
"Termination").
6.1.4 The Author agrees, at the request of the Publisher, to execute all documents and do all things reasonably required by the Publisher in order
to confer to the Publisher all rights intended to be granted under this Agreement.
6.1.5 The Author warrants that the Contribution is original except for any excerpts from other works including pre-published illustrations, tables,
animations, text quotations, photographs, diagrams, graphs or maps, and whether reproduced from print or electronic or other sources ("Third
Party Material") and that any such Third Party Material is in the public domain (or otherwise unprotected by copyright/other rights) or has been
included with written permission from or on behalf of the rights holder (and if requested in a form prescribed or approved by the Publisher) at the
Author's expense unless otherwise agreed in writing, or is otherwise used in accordance with applicable law. On request from the Publisher, the
Author shall in writing indicate the precise sources of these excerpts and their location in the manuscript. The Author shall also retain the written
permissions and make them available to the Publisher on request.
6.2 Approval for Publishing
6.2.1 The Author shall proofread the page proofs for the Contribution provided by or on behalf of the Publisher, including checking the
illustrations as well as any media, social or functional enhancements and give approval for publishing, if and when requested by the Publisher. The
Author’s approval for publishing is deemed to have been given if the Author does not respond within a reasonable period of time (as determined
by the Publisher) after receiving the proofs. The Publisher shall not be required to send a second set of corrected proofs unless specifically
requested by the Author in writing but in any event no further amendments may be made or requested by the Author.
In the event of co-authors having entered into this Agreement the Publisher shall send the page proofs to the Corresponding Author only and all
persons entering into this Agreement as Author agree that the Corresponding Author shall correct and approve the page proofs on their behalf.
6.2.2 If the Author makes changes other than correcting typographical errors, the Author shall bear all the Publisher's costs of such alterations to
proofs including without limitation to alterations to pictorial illustrations. The Publisher shall have the right to charge and invoice these costs plus
value added or similar taxes (if applicable) through its affiliated company Springer Nature Customer Service Center GmbH or Springer Nature
Customer Service Center LLC, respectively, to the Author, payable within 14 days of receipt of the invoice.
§ 7 Co-operation
Without prejudice to the warranties and representations given by the Author in this Agreement, the Author shall cooperate fully with the Editor
and the Publisher in relation to any legal action that might arise from the publication or intended publication of the Contribution and the Author
shall give the Publisher access at reasonable times to any relevant accounts, documents and records within the power or control of the Author.
§ 8 Warranty
8.1 The Author warrants and represents that:
(a) the Author has full right, power and authority to enter into and perform its obligations under this Agreement; and
(b) the Author is the sole legal owner of (and/or has been fully authorised by any additional rights owner to grant) the rights licensed in the Clause
"Rights Granted" and use of the Contribution shall in no way whatever infringe or violate any intellectual property or related rights (including any
copyright, database right, moral right or trademark right) or any other right or interest of any third party subject only to the provisions in the
Clause "The Author's Responsibilities" regarding Third Party Material (as defined above); and
(c) the Contribution shall not contain anything that may cause religious or racial hatred or encourage terrorism or unlawful acts or be defamatory
(or contain malicious falsehoods), or be otherwise actionable, including, but not limited to, any action related to any injury resulting from the use
of any practice or formula disclosed in the Contribution and all of the purported facts contained in the Contribution are according to the current
body of science and understanding true and accurate; and
(d) there is no obligation of confidentiality owed in respect of any contents of the Contribution to any third party and the Contribution shall not
contain anything which infringes or violates any trade secret, right of privacy or publicity or any other personal or human right or the processing or
publication of which could breach applicable data protection law and that informed consent to publish has been obtained for all research or other
featured participants; and
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(e) the Contribution has not been previously licensed, published or exploited and use of the Contribution shall not infringe or violate any contract,
express or implied, to which the Author, or any co-author, who had entered into this Agreement, is a party and any academic institution, employer
or other body in which work recorded in the Contribution was created or carried out has authorised and approved such work and its publication.
8.2 The Author warrants and represents that the Author, and each co-author who has entered into this Agreement, shall at all times comply in
full with:
(a) all applicable anti-bribery and corruption laws; and
(b) all applicable data protection and electronic privacy and marketing laws and regulations; and
(c) the Publisher's ethic rules (available at https://www.springernature.com/gp/authors), as may be updated by the Publisher at any time in its sole
discretion. The Publisher shall notify the Author in the event of material changes by email or other written means
(the "Applicable Laws").
If the Author is in material breach of any of the Applicable Laws or otherwise in material breach of accepted ethical standards in research and
scholarship, or becomes the subject of any comprehensive or selective sanctions issued in any applicable jurisdiction (e.g. being subject to the
OFAC sanctions list) or if, in the opinion of the Publisher, at any time any act, allegation or conduct of or about the Author prejudices the
production or successful exploitation of the Contribution and the Work or brings the name and/or reputation of the Publisher or the Work into
disrepute, or is likely to do so, then the Publisher may terminate this Agreement in accordance with the Clause "Termination".
8.3 The Publisher reserves the right to amend and/or require the Author to amend the Contribution at any time to remove any actual or
potential breach of the above warranties and representations or otherwise unlawful part(s) which the Publisher or its internal or external legal
advisers identify at any time. Any such amendment or removal shall not affect the warranties and representations given by the Author in this
Agreement.
§ 10 Consideration
10.1 The Parties agree that the Publisher’s agreement to its contractual obligations in this Agreement in respect of its efforts in considering
publishing and promoting the Contribution and the Work is good and valuable consideration for the rights granted and obligations undertaken by
the Author under this Agreement, the receipt, validity and sufficiency of which is hereby acknowledged by the Author.
The Parties expressly agree that no royalty, remuneration, licence fee, costs or other moneys whatsoever shall be payable to the Author, subject to
the following provisions of this Clause.
10.2 The Publisher and the Author each have the right to authorise collective management organisations (“CMOs”) of their choice to manage
some of their rights. Reprographic and other collectively managed rights in the Contribution (“Collective Rights”) have been or may be licensed on
a non-exclusive basis by each of the Publisher and the Author to their respective CMOs to administer the Collective Rights under their reprographic
and other collective licensing schemes (“Collective Licences”). Notwithstanding the other provisions of this Clause, the Publisher and the Author
shall each receive and retain their share of revenue from use of the Contribution under Collective Licences from, and in accordance with the
distribution terms of their respective CMOs. To the fullest extent permitted by law, any such revenue is the sole property of the Publisher and the
Author respectively and, if applicable, the registration and taxation of that revenue is the sole responsibility of the respective recipient party. The
Publisher and the Author shall cooperate as necessary in the event of any change to the licensing arrangements set out in this Clause.
§ 11 New Editions
11.1 The Publisher has the sole right to determine whether to publish any subsequent edition of the Work containing an updated version of the
Contribution, but only after reasonable consultation with the Author. Once notified by the Publisher that an update of the Contribution is deemed
necessary, the Author agrees to deliver an updated manuscript in accordance with the terms of the Clause "The Author's Responsibilities" and the
other relevant provisions of this Agreement, together with the material for any new illustrations and any other supporting content including media
enhancements, within a reasonable period of time (as determined by the Publisher) after such notification. Substantial changes in the nature or
size of the Contribution require the written approval of the Publisher at its sole discretion. The terms of this Agreement shall apply to any new
edition of the Work that is published under this "New Editions" Clause.
11.2 If the Author, for whatever reason, is unwilling, unable or fails (including as a result of death or incapacity) to submit an updated
manuscript that meets the terms of this Agreement within the above stated period, then the Publisher is entitled to revise, update and publish the
content of the existing edition or to designate one or more individuals (which, where co-authors have entered into this Agreement, may be one or
more of the co-authors) to prepare this and any future editions provided that the new editions shall not contain anything that is a derogatory use
of the Author's work that demonstrably damages the Author’s scientific reputation. In such case, the Author shall not participate in preparing any
subsequent editions. The Author agrees that the Publisher shall be entitled but not obliged to continue to use the name of Author on any new
editions of the Work together with the names of the person or persons who contributed to the new editions. Should the Author or the Author's
successors object to such continuing use then they must notify the Publisher in writing when first contacted by the Publisher in connection with
any new edition.
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3. In each case where the Author has Re-Use rights or the Publisher grants specific use rights to the Author according to the above provisions,
this shall be subject always to the Author obtaining at the Author's sole responsibility, cost and expense the prior consent of any co-author(s)
and/or any relevant third party.
4. Any linking, collection or aggregation of re-used Contributions from the same Work is strictly prohibited.