Athena: USMA Scholarship

Deposit License

The submitting author is responsible for complying with intellectual property law, government policy, and being fully aware of their work's copyright status. The submitting author is responsible for gaining permission from all co-authors to submit the work to the USMA institutional repository. In cases where the submitting author is confident about their right to submit the full-text file, please proceed to select the option to upload the file or import from remote site. In cases where the submitting author is unsure about their right to submit the full-text file, please select the option to link out to file on remote site and use the URL provided by the publisher's website linking directly to the full-text. Linking out to a file hosted on a remote site allows the full-text to remain accessible, yet also allows the work to be described, accounted for, and made discoverable through USMA's institutional repository. 

Submission Agreement

Athena Database Publishing Agreement

LICENSE TO PUBLISH

1. You grant to the USMA Library, United States Military Academy, and Department of Defense the right to reproduce, publish, republish, distribute, and publicly display copies of and other wise use for official purposes the Contribution in whole or in part; alone or in compilations; in all formats and media; by any method, device or process; and through any channels, now known or later conceived and developed. To the extent that any right now, or in the future, existing under copyright is not specifically granted by the terms of this Agreement, such right shall be deemed to have been granted hereunder.
2. For Government Employees. I have read and complied with the requirements imposed by Army Regulation (AR) 360-1, Chapter 6 regarding the procedures for clearance of writings prior to release to the public.
3. Cadets Only. You agree that you are contributing your research on your own volition and acknowledge that publishing your paper in a database does not cause the paper to become a part of your official student education record.

AGREED AND ACKNOWLEDGED

By accepting the terms of this agreement, Contributor and his/her Employer (if applicable) acknowledges agreement to the license above, and the terms and conditions in the Terms of Agreement (Exhibit A).

EXHIBIT A

TERMS OF AGREEMENT

1. Warranties. Contributors, jointly and severally, warrant and represent that:
   • a. All parties to this Agreement have full power and authority to enter into and execute this Agreement;
   • b. All parties to this Agreement have full power and authority to license the rights granted herein, and that such rights are not now subject to prior assignment, transfer, or other encumbrance;
   • c. The Contribution is the original work of all parties to this Agreement and all Additional Contributors named herein, except for copyright-protected third party material for which permission has been obtained;
   • d. The Contribution does not infringe upon the copyright, or violate the proprietary rights, rights of privacy or publicity, or any other rights of a third party;
   • e. The Contribution does not contain any material that is libelous or otherwise contrary to law; and
   • f. All statements in the Contribution which are asserted as fact are either true or based upon generally accepted professional research practices.
2. Government Works. Contributor acknowledges that Contribution(s) were developed while the Contributor was employed by the United States Government and that the Contribution(s) were prepared as part of their official duties or with the use of Government resources.
3. Indemnification. In the event that any of the foregoing warranties and representations are breached, Contributor, shall indemnify and hold harmless the USMA Library, United States Military Academy, and Department of Defense, against any losses, liabilities, costs and expenses (including legal costs and expenses) arising from or resulting out of any claim or demand of any kind relating to such breach.
4. Entirety. This Agreement constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior and contemporaneous agreements, understandings, and representations.
5. Modification. An amendment or modification to this Agreement shall not be valid or binding unless made in writing and signed by all parties to the original Agreement.
6. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted.
7. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed the original, all of which together shall constitute one and the same instrument.
8. Electronic Signature. The execution of this Agreement may be conducted by electronic means. Electronic and faxed signatures shall be treated in all respects as having the same effect as an original handwritten signature.
9. Governing Law. The validity, performance, and enforcement of this Agreement shall be governed by the laws of the United States of America, without regard to its conflicts of laws provisions.