sample contract as pdf-file
concerning the use of electronic data, or data gained from digitising
printed documents originating from publications
following agreement is contracted between
| Leibniz Institute for Research and Information in Education,
Rostocker Straße 6, 60323 Frankfurt am Main,
represented by Deputy Executive Director Professor Dr. Marc
represented by its executive director,
follows – XY –
a public remit, the DIPF intends to provide open access to an
electronic store of scholarly educational literature that is as
comprehensive as possible. This task will be fulfiledby providing the
German Education Index “FIS Bildung”, a search
instrument, and the full text database pedocs:
XY publishing house is familiar with both of these instruments
regarding their scope and function. The DIPF coequally considers the
interests of users and the interests of the holders of legal rights
(authors, editors, publishers). Subject to a cooperation agreement,
the DIPF moreover acts as a scholarly partner of the German National
Library as regards the acquisition, administration and monitoring of
long-term archiving for relevant electronic objects.
XY publishing house supports the DIPF in pursuing its objective by
providing electronic data or printed publications that are digitised
by the DIPF itself, or on behalf of the DIPF, and is confident that
these data will be used pursuant to legal rights and the terms agreed
1 Subject of this agreement
to this agreement are the publications selected by the XY publishing
the respective written correspondence and e-mails exchanged between
XY publishing house and DIPF.
Pursuant to this agreement, publications refer to collected editions,
monographs and journals. These publications will be delivered to the
DIPF as printed documents, or in form of electronic data provided in
PDF format, either completely or in terms of selected contributions
from collected editions, unless expressly agreed otherwise. As far as
selected contributions are provided by the publishing house, the
title and index of contents of the collected editions will be added
as a prefix to an individual contribution. For documentation
purposes, all of the publications will receive a unified flyleaf.
This flyleaf lists crucial bibliographic data as well as a reference
to the XY publishing house including the XY publishing house
2 Data use, digitalisation of printed documents
The DIPF will use the data and printed documents provided by the XY
publishing house for the exclusive purpose of pedocs.
None of the data, the printed publications or their digitised copies
will be forwarded to third parties, not even when fulfilling jointly
commissioned tasks, in as far as such a transfer would exceed the
provisions stated in the preamble. The XY publishing house permits
the DIPF to deliver the data, or the digitised copies produced by the
DIPF itself or its subcontractors, to the German National Library for
the purpose of long term storage. This may result in converting the
data to a different format, and changing their layout. In any case,
the contents of the electronic data delivered by the XY publishing
house will remain consistent. The obligation to deliver, which the XY
publishing house has to fulfil regarding the German National Library,
In the case of digitising printed documents, either by the DIPF
itself or its subcontractors, using scanning and OCR software, the XY
publishing house is informed that the DIPF cannot guarantee that the
texts recognised by the OCR software are faultless, as results also
depend on the quality of the printed master document. The original
appearance remains intact in terms of an image file. The DIPF is
committed to use scanning and OCR software that corresponds to state
of the art technology.
The DIPF will appropriately inform the users of its database as about
intellectual property rights, and insist upon their observance.
month, DIPF will deliver to XY publishing house a statistical
analysis concerning downloads of the relevant publications.
The DIPF is in no way committed to integrating the documents into
3 Data delivery and transfer
XY delivers electronic data of the agreed publications, and if
possible their electronic metadata, to the DIPF. In the given case,
the XY publishing house delivers the data in a format that has been
previously agreed. As a rule, transfer of the publication data and
the metadata will be carried out online, subject to the current state
of technology, and with a minimum effort for both parties. The
parties will come to an agreement as to technology applied in due
4 Financing expenses
of the parties are responsible for financing the expenses and
preparing the data respectively as well as their integration in the
databases. A compensation of expenses is not intended.
DIPF does not acquire any rights to the publications or data beyond
the rights of use outlined in the preamble and in § 2.
6 Limitations of data use
XY publishing house can demand the DIPF to block data from individual
publications immediately if the respective author claims her or his
right pursuant to § 42 UrhG (right to recall a publication for
reasons of a change in opinion or violation of his/her own rights,
the rights of third parties), or if the rights held by the XY
publishing house are otherwise restricted or waived.
7 Termination of data delivery and notice of agreement
Both of the parties can give notice of this agreement without reason,
subject to three months’ notification and by the end of the
month. Use of the data delivered up to that date, and pertinent
obligations of the DIPF, remain unaffected.
Given important reasons, both parties can terminate this agreement
without previous notice, in particular in case of violations
concerning the terms outlined in § 2, reserving the right to
8 Other conditions
In case of a conflict resulting from this agreement, or relating to
this agreement, both of the parties commit themselves to conducting a
process of mediation, to be carried out by the office for settling
commercial disputes at the chamber of trade and industry, prior to
filing a claim at an official court of justice. This condition
applies irrespective of the legal status of the DIPF.
There are no oral further agreements to this contract. Supplementary
agreements or alterations will only become effective in written form,
and must be signed by both parties. This formal requirement can only
be waived in written form.
This agreement is delivered in two copies. Each of the parties
concerned has received one signed copy.
am Main, den ____________________________