Submission Agreement

KORA Submission Agreement (rev. August 9, 2018)

This document constitutes permission to deposit, archive and preserve, and make my submissions (the "Works") available in the Kwantlen Polytechnic University ("the University") institutional repository, currently Kwantlen Open Resource Access ("KORA") of the Kwantlen Polytechnic University Library. This license will cover this/these and all future submission/s you make to the Kwantlen Polytechnic University institutional repository.

  1. Licence Grant
    By agreeing to the following Licence terms:
    1. I (the author/s or creator/s) confirm the deposit of the Work/s in the Kwantlen Polytechnic University ("the University") institutional repository, Kwantlen Open Resource Access ("KORA"), or any successor repository based at the University, or hereby grant to the University the right to deposit the Work/s in KORA on my behalf; and
    2. I grant to the University a non-exclusive, worldwide, perpetual and royalty-free licence to reproduce and make the Work/s available for permanent archiving and for public access in KORA under the terms of this Licence and any re-use licence or other terms that I may specify in the submission process.
       
  2. Depositor Warranties
    I represent and warrant that:
    1. I have the full power and authority to enter into this Agreement and am duly authorized by all rights holders in the Work/s to deposit or authorize the deposit of the Work/s and grant the Licence in this Agreement; and
    2. the Work/s is/are original work and do/es not, to the best of my knowledge, infringe the intellectual property rights, including copyright, of any third party; and
    3. if the Work/s is/are based upon or contains material for which I do not hold the intellectual property rights, and which is not in the public domain,
      1. I am validly exercising an exception to copyright infringement in accordance with the Copyright Act, RSC, 1985, c. C-42) or I have obtained sufficient and appropriate permissions for the third party material to be reproduced and made available under the terms this Licence; and
      2. I have clearly identified and acknowledged such material within the text or content of the Work/s; and
    4. if the submission is based upon work that has been sponsored or supported by an organization other than KPU, I have fulfilled any right of review or any other obligation required by the agreement with such sponsor or supporter; and
    5. the Work/s do/es 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, you learn that any of the foregoing statements are inaccurate, you must contact KORA immediately.
       
  3. University Rights
    I agree that the University:
    1. may translate the Work/s into any medium or format for the purposes of archiving, preservation and migration of the Work/s to any successor University repository; and
    2. may apply metadata elements or documentation to the Work/s, and any such additional material will be the intellectual property of the University; and
    3. will exercise reasonable endeavours to preserve the physical integrity of the Work/s, but shall incur no liability for loss or damage to the Work/s; and
    4. retains the right to remove the Work/s from KORA without prior notice for administrative, legal, or other reasons outlined in the KORA Guidelines. Upon such an occurrence the metadata records indicating storage of the Work/s in the Repository may remain visible in perpetuity.
       
  4. Terms of Access and Use by the Public
    I agree that:
    1. the University will make a digital copy of the Work/s available in KORA for the public to view and copy for non-commercial purposes only, without prior permission or charge, provided that the Work/s is/are not altered in any way and is/are properly acknowledged (currently this means a CC BY-NC-ND 4.0 license); and
    2. if I wish to permit broader rights of re-use of my Work/s, I will choose one of the Creative Commons licence options available to me; however
    3. if my Work/s has/have been previously published with an Open Access license elsewhere, the same license will apply in KORA; and
    4. If my Work is a thesis, different usage rights may apply as specified during the submission process
       
  5. Release and Indemnification
    I acknowledge that:
    1. I have read and understood the KORA submission guidelines and that my Work/s complies/y with those guidelines.
    2. I understand that the KORA submission guidelines may be amended from time to time and that the then-current guidelines will apply to my Work/s.
    3. The University will rely upon the representations and warrants that I have made in this Licence and is not responsible for independently verifying their veracity.
    4. I will not hold the University responsible for any use or misuse of my Work/s by third parties who access the Work/s through KORA. I agree to indemnify and hold the University harmless against any loss, damage, claim, liability, settlement cost or expense (including legal fees) incurred by the University arising out of, or in connection with, the University's use of my Work/s pursuant to this Licence.
       
  6. Governing Law and Jurisdiction
    1. This Agreement and all questions of construction, validity and performance under this Agreement shall be governed by Canadian law and subject to the exclusive jurisdiction of the Canadian courts.

If you have any questions about this Submission Agreement, please see the KORA Guidelines, or FAQ's, or contact the KORA Administrator.