Publishing Agreements Collections and Open Strategies 2020 Cambridge University Press 2020 Iowa State OA FINAL Cambridge University Press Iowa State University of Science and Technology Follow this and additional works at: https://lib.dr.iastate.edu/cos_agreements Recommended Citation Cambridge University Press and Iowa State University of Science and Technology, "Cambridge University Press 2020 Iowa State OA FINAL" (2020). Publishing Agreements. 3. https://lib.dr.iastate.edu/cos_agreements/3 This Report is brought to you for free and open access by the Collections and Open Strategies at Iowa State University Digital Repository. It has been accepted for inclusion in Publishing Agreements by an authorized administrator of Iowa State University Digital Repository. For more information, please contact [email protected]. DocuSign Envelope ID: 441C5B37-CACB-4362-9C4A-8604A82813A5 Contract form for supply of products to academic institutions The Chancellor, Masters, and Scholars of the University of Cambridge acting through its department Cambridge University Press having its principal office at University Printing House, Shaftesbury Road, Cambridge, CB2 8BS, United Kingdom (“Licensor”) agrees to supply the Licensee named below certain online products on the terms set out in this contract form and the current “Licence Terms for Institutions”, as attached. Licensee Institution/organisation Contact Name Iowa State University of Science and Technology Curtis Brundy Address 701 Morrill Road Ames, IA 50011 Telephone 515-294-7563 Email [email protected] Subscription Products Package Name Subscription Period Annual Subscription Fees 1 Cambridge Journals Online (Full Package) 1/1/2020 – 12/31/2022 See Schedule 2 Schedules and Overriding Terms: Schedule 1: Read and Publish, Definitions and Additional Terms Schedule 2: Fees Schedule 3: 2020 Product List Schedule 4: Cambridge OA Journals Schedule 5: Journals Not Eligible for OA Publication Schedule 6: Licence Terms for Institutions A new clause 5.3.6 shall be added to the Licence Terms for Institutions: [Licensee shall] be responsible for informing Authorised Users of the terms and conditions of this Agreement, in particular, the terms in Schedule 1 (Read and Publish, Definitions and Additional Terms). Clause 8.5 of the Licence Terms for Institutions shall be deleted and replaced with the following: Nothing in this Agreement shall limit or exclude Licensor’s liability for death or personal injury resulting from Licensor’s negligence, its fraudulent misrepresentation, intentional misconduct, or any other liability which cannot be limited or excluded under applicable law. Clause 13 of the Licence Terms for Institutions (Confidentiality) shall be deleted and replaced with the following: In the course of negotiating the terms of this Agreement, Licensor shall from time to time disclose to Licensee information that is proprietary or confidential to Licensor. Licensee agrees not to disclose information it receives in pre-contractual negotiations in a way that could be prejudicial to Licensor, except as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority. This clause 13 shall survive the termination of this Agreement. Clause 14.11 of the License Terms for Institutions shall be deleted and replaced with the following: This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non- contractual disputes or claims) is subject to Iowa State Law. The parties submit to the exclusive jurisdiction of the United States District Court for the District of Iowa to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims). A new clause 15 shall be added to the License Terms for Institutions: Licensor shall make reasonable efforts to ensure the solution is compliant with Section 508 standards issued by the federal government (www.section508.gov/) and W3C.org Web Content Accessibility Guidelines (WCAG 2.1 Level AA) (www.w3.org/TR/WCAG21/) for accessibility for persons with disabilities for the minimum level of accessibility. Licensee may request Licensor to provide audit and/or test results that document the software’s compliance and the testing methodology utilized. DocuSign Envelope ID: 441C5B37-CACB-4362-9C4A-8604A82813A5 The Licensee confirms that it has read and agrees to the terms set out in this Contract Form and the attached “Licence Terms for Institutions”. Signed for and on behalf of Licensor Licensee Signature Print Name Chris Bennett, Global Sales Director Cory Harms Date 22 May 2020 | 10:36 AM PDT 5/19/2020 DocuSign Envelope ID: 441C5B37-CACB-4362-9C4A-8604A82813A5 Schedule 1 Read and Publish Additional Definitions Article: a Research, Review or Rapid Communications format article (as defined by Licensor). Article Cap: the maximum number of articles that Licensor can publish Open Access in Cambridge OA Journals in a Year without incurring any Article Processing Charges. Article Processing Charges (APCs): the fee a publisher charges for making articles Open Access. Cambridge Core: Licensor’s online platform for books and journals. Cambridge Full Collection: all Cambridge journals included in the Cambridge Journals Online (Full Collection), and any new and transfer journals added during the term of the Agreement. The title list shall be updated annually. Cambridge OA Journals: the journals in the Cambridge Full Collection which offer an OA publishing option. Corresponding Author: the person who handles the manuscript and correspondence during the publication process – from manuscript correction and proof reading, to handling the revisions and re-submission of revised manuscripts up to the acceptance of the manuscripts. Creative Commons Licence: a type of licence allowing an author to communicate which rights they reserve and which they agree to waive in order to enable end-users to benefit from a gratis right to reproduce and distribute (and make derivative works from) the original Article, to include CC-BY, CC-BY-NC-SA, and CC-BY-NC-ND, each described in more detail at https://creativecommons.org/licenses Open Access/OA: a publishing model that allows content to be published digitally and made accessible without charge to the end-user (subject to the terms of an applicable creative commons licence). Payment Processing Software: RightsLink or other payment processing software Publish Fee: the element of the Annual Subscription Fee which entitles Licensee to publish OA Articles in Cambridge OA Journals. Read Fee: the element of the Annual Subscription Fee which entitles Licensee to read the Products. Year: calendar year. Any other defined terms in this Schedule shall have the meaning given in the Licence Terms for Institutions. 1. OA Publishing and Article Scope 1.1. The Agreement offers Licensee the opportunity to publish an allowance of Open Access Articles in Cambridge OA Journals without having to pay any Article Processing Charges, as detailed in the table below: 2020 Article Cap 2021 Article Cap 2022 Article Cap 38 40 43 1.2. In order to for an Article to be published OA in a Cambridge OA Journal, the Corresponding Author must: 1.2.1. be successful in submitting their Article for publication; 1.2.2. provide details of their affiliation with Licensee, via Payment Processing Software; and 1.2.3. sign a Licence to Publish form, as required by the Cambridge OA Journal publishing the Article, selecting a Creative Commons Licence in the process 1.3. The OA publishing opportunities the Agreement offers are only available for Articles which have a Cambridge copy received date during the Term of this Agreement. 1.4. Articles published non-OA in Cambridge OA Journals during the Term of this Agreement will be eligible for retroactive conversion to OA provided: 1.4.1. the Article was published during the Term of this Agreement; and 1.4.2. the request to convert to OA is made within the same Year the Article was published. For example, an article published in March 2020 non-OA will need to be made retroactively OA before the end of 2020. Only the Corresponding Author can request their Article be made OA and this must be done through Payment Processing Software, or correspondence directly with the Licensor. DocuSign Envelope ID: 441C5B37-CACB-4362-9C4A-8604A82813A5 1.5. Corresponding Authors will be encouraged to publish OA, but will be given the option to opt out and publish under the subscription model if they so choose. Licensor will not charge a fee for publication of Articles under the subscription model. 2. Licensor’s Responsibilities 2.1. Licensor shall: 2.1.1. provide regular reporting detailing Licensee’s publishing output in CUP journals, indicating if articles have been published OA; 2.1.2. host information relating to the OA publishing opportunities it offers on Cambridge Core; and 2.1.3. facilitate retroactive OA publishing at Licensee’s request, as described in clause 2.3. 2.1.4. provide Online Access to the Cambridge Full Collection, including temporary back access to non-archive volume years and continuing rights to content published during the term of the Agreement, covered by the Reading Fee. 2.1.5. make reasonable efforts to facilitate deposit of author accepted manuscripts to Licensee’s institutional repository. 3. Licensee’s Responsibilities 3.1. Licensee shall inform its researchers and authors about the Licensor’s OA publishing process. 3.2. Licensee shall also inform Corresponding Authors that they are responsible for the following: 3.2.1. handling the manuscript and correspondence during the publication process – from manuscript correction and proof reading, to revisions and re-submission of revised manuscripts, up to acceptance; 3.2.2. acting on behalf of all co-authors in all matters pertaining to publication of the manuscript including supplementary material; 3.2.3. informing co-authors of a manuscript’s status throughout the submission, review, and publication process; and 3.2.4. acting as the point of contact for any enquiries after an article is published.