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Tribal Law Journal Publication Agreement

Tribal Law Journal at The University of New Mexico School of Law

Whereas ___________________ (hereinafter “the Licensor”) is the copyright holder of the literary work entitled, ___________________ (hereinafter “the Article”), and desires to have it published on the Tribal Law Journal at the University of New Mexico School of Law (hereinafter “TLJ”) on the World Wide Web, and

Whereas the TLJ desires to publish the Article on its World Wide Web site in conjunction with other works,

In consideration of the mutual promises set forth in this Agreement, the Licensor and the TLJ agree as follows:

  1. I, ___________________, hereby represent and affirm that I am, or am authorized to act on behalf of, the copyright holder[s] of the Article, that I submit the Article for publication to the TLJ, and grant the TLJ a perpetual, world-wide, irrevocable, non-exclusive license to publish the Article electronically on the TLJ, to reprint the Article or portions thereof in any medium now in existence or later invented, to cause the Article to be republished on electronic legal research services, including but not limited to LEXIS and Westlaw, to excerpt from the Article, to distribute, reproduce, transmit, and display the Article, to add hypertext links, graphics, images, and formatting to the Article, and to use the author’s name and likeness in promoting the TLJ.
  2. The Licensor retains the right to register, in the Licensor’s name, the Licensor’s copyright in the Article with the appropriate governmental office.
  3. The TLJ agrees to include in its publication of the Article, a notice of the Licensor’s copyright ownership. Notice will be in the form, “© XXXX [Licensor’s name]. Published with permission of the copyright holder.”
  4. This agreement does not require that the TLJ be the first publisher of the Article, but the TLJ must be advised of any previous publication.
  5. If, after the TLJ’s publication of the Article, the Licensor subsequently has the Article published elsewhere, the Licensor agrees to include or have included in such publication an acknowledgment in the following format: “Reprinted from the Tribal Law Journal at the University of New Mexico School of Law, (date and volume number)” and, if published in electronic format, a hypertext link to the TLJ, tlj.unm.edu must be added.
  6. The Licensor represents and warranties that the Licensor has the authority to enter this Agreement and does not violate any third party’s rights in doing so, that the Licensor is the sole copyright holder of the Article, the Article is all original work, and that the Article does not infringe on any third party’s intellectual property or contractual rights, including but not limited to copyrights, trademark rights, trade secret rights, patent rights, rights to privacy, rights to publicity, and licenses. Furthermore, the Licensor hereby indemnifies the TLJ for, and agrees to defend and hold harmless from, any losses for breach of the warranties and representations made in this paragraph.
  7. Under no circumstances shall the TLJ be liable for any special, incidental or consequential damages that are directly or indirectly related to the article or this agreement, including without limitation loss of revenue or anticipated profits or lost business, even if the TLJ has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Licensor. In no event shall the total liability of the TLJ to Licensor for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from or relating to this agreement or the article, exceed, in the aggregate, $100.00.
  8. This agreement is effective upon final acceptance by the TLJ of the Article for publication.
  9. This instrument must be signed and returned to TLJ prior to publication.

Signed,

__________________________________

Signature (Title), for the Tribal law journal at the University of New Mexico School of Law

___________________

Date

__________________________________

Licensor Signature

___________________

Date

___________________