Bulletin of the European Union Publishers' Forum - Amt für ...

General terms applying to licences granted
by the Publications Office to the members
of the European Union Publishers’ Forum
Article 1
The Publications Office, acting on behalf of
the originating departments of the European
Union’s institutions, agencies or other
organisations, hereby grants to the Publisher
a non-exclusive licence to publish, reproduce,
translate or adapt, and to distribute throughout
the world the Document subject to the
conditions and according to the procedures
specified below.
Article 2
The licence shall enter into force on the date
of its signature by the Publications Office and
shall expire in accordance with the terms set
out therein. It relates to a single edition of
the Document and may not be modified or
extended, and the Publisher will obtain no rights
in any other edition or language edition thereof
save by further formal agreement in writing
between the parties.
Article 3
The Publications Office certifies that copyright
and other intellectual property rights of
the Document are held by the originating
department (European Communities, agency or
other organisation of the European Union).
The Publisher shall obtain the permission
required for the use in the Product of any thirdparty
copyright literary or artistic material
contained in the Document and specified as
such.
Article 4
Intellectual property rights of the Document
shall remain with the originating department,
to which the Publisher undertakes to give due
acknowledgement in the Product, in compliance
with the terms set out in the Annex to this
licence.
Article 5
The Publications Office shall supply the
Document in the format and under the
conditions specified in this licence.
Article 6
By way of compensation for the provision of the
Document, the Publisher shall pay the indicated
sum, based on the current rates at the time of
signature of this licence. A sliding scale is applied
if the licence covers more than one language
edition of the Document.
Article 7
The Publisher undertakes to pay the sum due
within thirty (30) days from the date of the
invoice, drawn up in euro, exempt from taxes
and charges.
Should the Publisher be in arrears with the
payment, interests shall be demanded at the
rate applied by the European Central Bank to its
principal refinancing operations, as published in
the C series of the Official Journal of the European
Union, in force on the first calendar day of the
month in which the due date falls, increased by
three and a half percentage points.
Article 8
The reproduction, translation or adaptation
of the Document, and the production of
the Product shall be at the expense of the
Publisher, as the only beneficiary of the revenues
generated by his sale.
The production, marketing and promotion, the
number and the distribution of free copies, the
pricing, the terms of sale and the reprinting
of the Product shall be at the Publisher’s sole
discretion.
Article 9
On first publication of the Product, the Publisher
shall forthwith deliver to the Publications Office,
free of all delivery costs and charges, five (5)
complimentary copies thereof.
The Publications Office may purchase additional
copies, for non-commercial purposes and at the
price specified in this licence.
Should the Publisher publish the Product online,
free access thereto may be supplied to the
originating department, by mutual agreement
between the parties.
Article 10
Once a year, the Publisher shall provide the
Publications Office with accounts of the
sales and the dissemination of the Product.
The Publications Office shall guarantee the
confidentiality of the commercial information
received.
Article 11
The Publisher shall not assign the rights and
benefits conferred by this licence nor issue the
Product under any imprint other than his own
without the written approval of the Publications
Office.
Article 12
Either party may terminate this licence by
registered letter addressed to the other party
if the latter has violated any of the terms of this
licence and has failed to remedy such a breach
within one month of notice to it of such breach
from the other party.
Article 13
Neither of the contracting parties shall be
considered as being in breach or infringement of
its obligations if it has been unable to comply on
account of force majeure.
If either party is subject to force majeure, it
shall notify the other party without delay by
registered letter with acknowledgement of
receipt, stating the nature, likely duration and
foreseeable effects of this event.
Force majeure shall mean any unforeseeable
and exceptional situation or event beyond the
control of one or both parties, which prevents
either of them from performing any of their
obligations under this licence, was not due to
error or negligence on their part, and could
not have been avoided by the exercise of due
diligence.
Article 14
The rights and liabilities of the parties, in so
far as they are not expressly covered by this
licence, shall be established according to the
law of Luxembourg, and any dispute, whether
as to the express terms of this Agreement or
otherwise, shall be determined by the courts of
Luxembourg.
Article 15
Any particular terms not mentioned and/or any
modification to the conditions set out above
shall be specified in the Annex to this licence.
inforum 2/2005