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James Cook University 2017

James Cook University administers the journal Rural and Remote Health. It is a condition of publication of an article in Rural and Remote Health that the authors of the article grant a licence to James Cook University upon the terms set out in this document.

    1. In consideration of James Cook University (JCU) evaluating the article submitted by the Author for publication in Rural and Remote Health (“the Article”) (and publishing the Article if it so decides) the Author grants to JCU the exclusive right and licence throughout the world to edit, adapt, translate, reproduce and publish the Article, including all images, written word and other material contained within the Article.
    2. The licence specified in clause 1(a) (the “Licence”) is for the full term of copyright in the Article throughout the world.
    3. The Licence is freely transferable by JCU and includes the right to sub-licence.
    4. The Author acknowledges that any royalties which may be received by JCU through its exercise of the rights granted by the Licence will be retained by JCU and not distributed to Authors.
    1. This clause 2 only applies if the Author does not own the copyright in some or all of the text, images, tables, diagrams or other material contained within the Article (“the Licensed Images”).
    2. The Author warrants that they hold written permission (upon terms acceptable to JCU (see here for permission which is acceptable to JCU) from all owners of copyright in the Licensed Images for the:
      1. incorporation of the Licensed Images into the Article; and
      2. the use of the Article (incorporating the Licensed Images) by James Cook University in accordance with the terms and conditions of this Licence.
    1. The Author acknowledges that under the Australian Copyright Act 1968 (Cth) an author has three moral rights (“Moral Rights”):
      1. the right to be identified as the author of their work (the right of attribution);
      2. the right not to have a person falsely assert or imply that they are the author of a work (the right not to have authorship falsely attributed); and
      3. the right not to have their work subjected to derogatory treatment which is prejudicial to their honour or reputation (the right of integrity of authorship)
    2. The Author consents in favour of JCU, its sub-licensees, transferees, successors in title and any person authorised by JCU, to any use of the Article in accordance with the terms of the Licence, the performance of which would otherwise infringe the Author’s Moral Rights.
  1. The Author warrants to JCU that:
    1. the Article is an original work;
    2. subject to clause 2, the Author (together with any co-authors notified by the Author in writing to JCU) is the only proprietor of the copyright in the Article;
    3. the Article has not been published elsewhere and is not encumbered or subject to any existing licence;
    4. the Article is not under consideration by any other publisher;
    5. the Article does not infringe any existing copyright;
    6. to the best of the Author’s knowledge the Article contains no defamatory or other unlawful statements; and
    7. without limiting clause 2, the Author has obtained all the necessary permissions (in writing) for the reproduction of the Article, including any text or image.
  2. The Author will indemnify JCU against loss, injury or damage (including any legal costs or expenses properly incurred) occasioned to JCU in consequence of any breach by the Author (unknown to JCU) of any of the Author’s warranties contained in these terms and conditions.
  3. The Author retains the right to:
    1. use the Article for further research and presentations at meetings and conferences;
    2. share print or digital copies of the Article with colleagues for personal use or study;
    3. include the Article in part or in full in a thesis provided it is not published for commercial gain;
    4. place the pre-print version of the Article on a personal website and/or the Author’s institutional or funding body repository prior to publication and may link to the final published version on the Rural and Remote Health website when published.
  4. The Author acknowledges and agrees that the rights granted in clause 6 do not permit the Author to knowingly allow the Article to be published in any publication other than Rural and Remote Heath.
  5. If JCU notifies the Author that it will not be publishing the Article or if the Author chooses to withdraw the Article prior to publication then all licences granted to JCU by the Author as set out in these terms and conditions cease.
  6. The Author acknowledges that prior to agreeing to these terms and conditions the Author has had the opportunity to obtain independent legal advice on the terms and effect of these terms and conditions.
  7. These terms and conditions must be read and construed according to the laws of the State of Queensland and the parties submit to the jurisdiction of Queensland.
  8. The Author acknowledges and agrees that where more than one person is the author of the Article the covenants on the part of the Author bind each two or more persons jointly and each person severally. The release of one of the persons from an obligation does not release any other person who may be jointly liable.

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