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Rights assignment agreement

BETWEEN THE UNDERSIGNED:

Le CENTRE NATIONAL DE LA RECHERCHE SCIENTIFIQUE, a public institution with a scientific and technological character, whose registered office is 3 rue Michel Ange, 75794 PARIS Cedex 16, n ° SIREN 180 089 013, code APE 7219Z, represented by its Chief Executive Officer Mr. Antoine PETIT, having delegated authority to sign this agreement to Mrs. Clarisse LEFORT-DAVID, Regional Delegate of the Paris-Villejuif Delegation, 7 rue Guy Môquet, 94800 Villejuif, France,

Hereinafter referred to as the “CNRS”,

The CNRS acting on its own behalf as well as in the capacity of the supporting authority of the Laboratory of “L'Information visuelle et textuelle en histoire de l'art: nouveaux terrains, corpus, outil” (INVISU) (USR 3103), headed by Mrs. Mercedes VOLAIT,

hereinafter referred to as the “Laboratory”,

AND

Mr./Mrs. X, living in X

Hereinafter referred to as the “Author”,

The CNRS and the Author are hereinafter referred to jointly as “Parties” and individually as “Party”.

PREAMBLE

Whereas ABE Journal is dedicated to the study of architecture and urbanism for scholars of art, architecture and history. Focusing on colonial and postcolonial aspects of the wider built environment from the 19th century onwards, it also considers issues such as professional networking, the circulation of media, and the transmission of models, technologies and doctrines from and to Europe. Published by the Laboratory, the journal is committed to encouraging a diversity of approaches and methodologies, including cross-cultural and transnational perspectives.

Whereas the Author want to contributed, by this right assignment agreement, to the ABE Journal.

THE PARTIES HAVE DETERMINED AND AGREED TO THE FOLLOWING

Article 1 – Subject matter of the agreement

1.1 - The Author and the CNRS agree that the Author shall assign all its right, on a non-exclusive basis, title, and interest relating to the Work, and delegate all its obligations responsibilities and duties, in and to the present Agreement, to the CNRS.

1.2 - The subject matter hereof is to set out the terms and conditions under which the Author assigns its rights, on a non-exclusive basis, over the Work define in annex 1 (Above and hereinafter referred to as the “Work”) to the CNRS.

Article 2 – Nature and scope of rights assigned

The Parties declare and recognize that their intention is that the Author authorizes the CNRS to enjoy the patrimonial rights related to the Work made by the Author in the frame defined in preamble and this in the conditions fixed by the present agreement, as if the CNRS was itself the author.

As a consequence the Author transfers to the CNRS, on a non-exclusive basis, his whole patrimonial rights related to the Work, including without exception nor reserve all rights of reproduction, representation, translation, adaptation, transformation, arrangement and incorporation for any use and for any commercial or not, direct or indirect exploitation of whole or part of the Work realized and any by-product creation, whatever is the mode, and this for whatever ground, under any form and on all the formats referenced here below.

In particular, the Author transfers to the CNRS:

the rights of use and commercial exploitation of the Work in all forms, even unintended or not foreseeable at the time of signature of this agreement;

the rights of reproduction by all means and in any supports, known and unknown to the date of signature hereof;

the rights of representation by any process, known and unknown to the date of signature hereof;

the rights of modification, adaptation, translation, evolution, addition, deletion … of whole or part of the Work;

the right of incorporation of the Work, in whole or in part, in any pre-existent or to be created work;

the right to rewrite the Work in another language;

the right to receive or make receive for the benefit of the CNRS and his contracting parties and in any country the due rights on the occasion of the reproduction, the representation or the exploitation of the Work.

The assignment above-mentioned includes in particular the right for the CNRS to exploit directly or to transfer the following rights:

the right to reproduce, broadcast or edit the Work on other formats. ;

the right to translate the Work in any language and in any country and the right to reproduce under any form the translations which will be so made.

The assignment of the patrimonial rights object of the present agreement is made to have effect everywhere, both in France and abroad and for all the time that will last the legal protection of author’s rights.

The assignment of the patrimonial rights is a non-exclusive assignment.

Article 3 – Term

The present agreement comes into force at / / .

Article 4 – Delivery of Works and remuneration of the Author

This assignment is granted without charge. No compensation of any nature whatsoever may be requested from the CNRS by the Author.

Article 5 – Obligations of the Author

The Assignor guarantees the CNRS a peaceful exploitation of the Work.

He guarantees the CNRS the whole and free enjoyment of all the constraints of the transferred rights against any some disorders, some demands and some evictions.

He expressly declares to have the rights transferred by the present agreement and that the Work have not been the object of any previous still valid assignment of rights agreement.

He makes a commitment to inform the CNRS of any limitation liable to exist on the transferred Work and in particular any element for which he would not have the full rights.

Article 6 – Rights of the Author

The CNRS makes a commitment to respect the moral right of the Author.

Article 7 - Invalidity of a clause

Where one or more provisions of this agreement are held to be invalid or declared as such in application of a treaty, Law or regulation, or following a final decision by a Court having jurisdiction, the remaining provisions shall retain all of their force and effect.

The Parties shall make the amendments necessary without delay, complying as far as is possible with the agreement as to intention existing at the time of signing of this agreement.

Article 8 – Governing law, disputes

This agreement is subject to French law and regulations.

In the event of any dispute which may arise between the Parties relating to the interpretation and/or performance of this agreement, they shall attempt to reach an amicable solution to such dispute.

All disputes between the Parties relating to the existence, validity, interpretation, performance and termination of this agreement or of any one of its clauses, which the Parties are unable to resolve amicably within a time limit of two months, shall be brought before the French courts having jurisdiction.

Signed at Villejuif in two originals,

For the Author :

………………………..

Date :

For the CNRS :

Mrs. Clarisse LEFORT

Regional Delegate of the Paris-Villejuif Delegation

………………………..

Date:

Annex 1

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