Submission Agreement

Submission Agreement       

This Licence Agreement constitutes permission to deposit, archive and preserve, and make this submission ("the Submissions") available in the Red Deer College ("the Institution") digital repository, currently RDC Digital Repository, and in ARCA, or any successor repository designated by Red Deer College. 

The rights I the creator/s grant to Red Deer College under this Agreement will last in perpetuity.

1.  Licence Grant

     By agreeing to the following Licence terms:

     i) I the creator/s confirm the deposit of the Submissions in the Institution digital repository, ARCA, or any successor repository designated by Red Deer College ("the Repositories"), or hereby grant to the Institution the right to deposit the Submissions into the Repositories on my behalf; and

     ii) I the creator/s grant to the Institution a non-exclusive, worldwide, perpetual and royalty-free licence for the full term of copyright to reproduce, copy, store, archive, distribute, and transmit the Submissions in any form or medium, including, without limiting the generality of the foregoing, electronic, digital or analogous means now or hereafter known, through the Internet or any other telecommunication device or system through the RDC Digital Repository, ARCA, or any successor repository designated by Red Deer College under the terms of this licence and any re-use licence or terms that I may specify in the submission process.

     iii) I the creator/s grant to the Institution the ability to ensure the continued readability and accessibility of files, where possible, through the migration of files to new formats.

2.  Depositor Warranties

     I the creator/s represent and warrant that:

     i)  I have the full power and authority to enter into this Agreement and am duly authorized by all rights holders in the Submissions to deposit or authorize the deposit of the Submissions and grant the Licence in this Agreement; and

     ii)  the Submissions are original work and do not, to the best of my knowledge, infringe the intellectual property rights, including copyright, of any third party; and

     iii)  I understand that my submission is subject to Canadian Copyright law; and

     iv)  if the Submissions are based upon work that has been sponsored or supported by an organization other than Red Deer College, I have fulfilled any right of review or any other obligation required by the agreement with such sponsor or supporter; and

     v) I agree that if I grant others copyright ownership or a licence it will be consistent with the rights I have granted under this licence.  For example, if I wish to publish my Submission in a journal, I will inform the publisher of the rights I have granted under this licence and not agree to terms that restrict those rights; and

     vi) the Submissions do not, to the best of my knowledge and belief, contain any libelous or other unlawful matter and do not violate anyone's right to privacy.

If, at any time hereafter, I learn that any of the foregoing statements are inaccurate, I will contact Maria Haubrich immediately.

3.  Institution Rights

     I agree that the Institution:

     i) may apply metadata elements or documentation to the Submissions, and any such additional material will be the intellectual property of the Institution; and

     ii) may authorize third-parties to perform any of the Institution's rights described in this section, on the Institution's behalf; and

     iii) will exercise reasonable endeavours to preserve the physical integrity of the Submissions, but shall incur no liability for loss or damage to the Submissions; and

     iv) retains the right to remove the Submissions from the Repositories without prior notice for administrative, legal, or other reasons outlined in the RDC Digital Repository guidelines. Upon such an occurrence the metadata record indicating storage of the Submissions in the Repositories may remain visible in perpetuity.

4.  The Institution will clearly identify my name(s) as the creator(s) of my submissions, and will not make any alteration, other than as allowed by this license or with my prior permission, to my submissions.

5. Terms of Access and Use by the Public

     I agree that:

     i)  the Institution will make digital copies of the Submissions available in the Repositories for the public to view and copy for non-commercial purposes only, without prior permission or charge, provided that the Submissions are not altered in any way and are attributed to me as per Section 4; and

     ii) if I wish to assign different licence terms of re-use to my Submissions, I will inform the Institution as part of the submission process.

6. Release and Indemnification

     I acknowledge that:

     i)  I have read and understood the RDC Digital Repository submission guidelines and that my Submissions comply with those guidelines.

     ii) I understand that the RDC Digital Repository submission guidelines may be amended from time to time and that the then current policies will apply to my Submissions.

     iii) The Institution will rely upon the representations and warrants that I have made in this licence and is not responsible for independently verifying their veracity.

     iv) I agree that I will not hold the Institution responsible for any use or misuse of my Submissions by third parties who accessed the work through the Repositories. I agree to hold the Institution harmless against any loss, damage, claim, liability, settlement cost or expense (including legal fees) incurred by the Institution arising out of, or in connection with, the Institution's use of my Submissions pursuant to this Licence.

Last updated 2019-09-19