Lawrence Livermore National Laboratory

Author Submission Agreement

Lawrence Livermore National Security, LLC (“LLNS”), holds a prime contract with the United States Department of Energy/National Nuclear Security Administration (“DOE/NNSA”) for the management and operations of Lawrence Livermore National Laboratory, which is a federally funded research and development center. From time to time, authors may submit original scientific articles, presentations, or other technical or academic materials to LLNS. This Author Submission Agreement (“Agreement”) governs the terms and conditions under which authors may submit original works of authorship to LLNS.

Note: If you are a LLNS employee, an employee of the United States Government, state or local government, a public university or college, or a Federally Funded Research & Development Center, your signing this agreement indicates that you prepared the Work as part of your official duties or within the scope of your employment on behalf of your respective employer and Sections 2, 3, 4, 5, 10 and 11 do not or may not apply to you.

1. Work/Authors: The submitted work is described in the abstract submission form (hereinafter, the “Work”). Listed on the abstract submission form are all authors for the Work (collectively, referred to as the “Authors” even if there is only one author for the Work). All submitted works should contain a copyright notice and auspices statement, as applicable, along with the following: “The statements and opinions expressed herein are the expression of the authors, who are solely responsible for its content.”

2. Copyright: The copyright in the Work shall remain with the Authors (or their respective employer(s) under the work-for-hire doctrine as addressed below), and nothing in this Agreement shall be construed as an assignment or transfer of copyright to LLNS or DOE/NNSA. Authors/employers retain ownership of all proprietary rights in any process, procedure, or article of manufacture described in the Work.

3. Work for Hire: If the Authors are employed and prepared the Work within the scope of their respective employment, the copyright in the Work may belong to their respective employers as a work-for-hire. In some cases this may mean that an authorized representative of the Authors’ employer may be required to sign this Agreement as the Author/owner. Authors are required to determine whether disclosure of their material to LLNS requires the prior consent of other parties and, if so, to obtain it, and to comply with any employer imposed requirements, such as but not limited to, review and release procedures and copyright clearance.

4. License: The Authors hereby grant to LLNS and DOE/NNSA (and those acting on their behalf) a transferable, non-exclusive, unlimited, worldwide, irrevocable license to use, distribute, publish, sub-license, exhibit, record, digitize, broadcast, translate into a foreign language, reproduce, publicly display, publicly perform, and archive, in any format or medium, electronic or otherwise, whether now known or hereafter developed, the Work. Without limiting the forgoing, LLNS may use and distribute the Work throughout the world by various means, which include, but are not limited to: hard copy, microfiche, microfilm, and electronic media. LLNS may also authorize one or more third party, print-on-demand services to reproduce and distribute the Work, either in its original form, an abstract of the Work, or for inclusion in various compendiums, collective works, databases and similar publications.

5. Presentations: From time to time, the Authors may make a presentation based upon the Work at a conference/technical meeting hosted or sponsored in whole or in part by LLNS. In consideration for his/her participation in the conference/technical meeting, the Authors also grant to LLNS and the DOE/NNSA (and those acting on their behalf) a non-exclusive license to any presentation materials related to the Work, any written materials or multimedia files used in connection with the presentation; and any recorded interviews of him/her at the presentation (collectively, the “Presentation”). The permission granted includes the transcription and reproduction of the Presentation for inclusion in products sold or distributed by LLNS or others acting on its behalf and live or recorded broadcast of the Presentation during or after the conference/technical meeting.

6. Right of Publicity: The Authors hereby grant LLNS and the DOE/NNSA (and those acting on their behalf) the unlimited, worldwide, irrevocable right to use the Authors’ name, picture, likeness, voice and biographical information as part of the advertisement, distribution and sale of products incorporating the Work or Presentation, and hereby release LLNS and DOE/NNSA and those acting on their behalf from any and all claims, including those based on an invasion of the Authors’ rights of privacy or publicity, or other torts.

7. Final Form of the Work: The Authors authorize LLNS and those acting on its behalf to edit and revise the Work prior to publication, but the Work shall not be published unless it is acceptable in its final form to LLNS, those acting on behalf of LLNS, and the Authors.

8. No Royalties: The Authors hereby waive any rights that they may have to any fees, royalties, or any other type of compensation that may be generated by the subsequent publication/distribution of their Work or Presentation.

9. Representations & Warranties: The Authors, individually and collectively, represent and warrant the following:

  1. the Authors are the sole authors of the Work and/or Presentation;
  2. the Authors either own the Work and/or Presentation, or have acquired such rights to the Work and/or Presentation as may be necessary to grant the licenses granted herein;
  3. to the extent the Work and/or Presentation incorporate text passages, photographs, figures, data or any other copyrightable material or material which is owned by a third party, the Authors have obtained any necessary permissions from the owners of such works and have submitted such written permissions along with the Work;
  4. the Authors, as applicable, have complied with all internal review and release and other procedures imposed upon them by their respective employers prior to submitting the Work and/or Presentation;
  5. the Work and/or Presentation are the Authors’ original work of authorship and contains no plagiarism;
  6. the Authors have not made, and will not make, any agreement that would be in conflict with this one;
  7. the Work and/or Presentation do not defame any individual or entity, or infringe upon any individual’s or entity’s rights of privacy or publicity, or any individual’s or entity’s intellectual property or other rights.

10. Claims: If a claim is asserted against LLNS or DOE/NNSA (or anyone acting on their behalf) as a result of the Authors’ alleged breach of this Agreement or the warranties contained herein, the Authors shall be promptly notified. The Authors shall have the right to participate in the response to and defenses against such claims, and no settlement of such claims shall be finalized without the Authors’ prior approval, which may not be unreasonably withheld, conditioned, or delayed. If a settlement requires LLNS (or anyone acting on its behalf) to make a money payment, or a money judgment is rendered against LLNS (or anyone acting on its behalf), the Authors shall promptly reimburse the amount of such payment or judgment, and shall pay the cost and expenses reasonably incurred in defending against the claim.

11. General Provisions: This Agreement shall be governed by the laws of the State of California, excluding its conflict of law provisions. The Authors hereby submit to the personnel jurisdiction of the state and federal courts of the State of California. Exclusive venue for any disputes arising under or otherwise relating to this Agreement shall be held in the state and federal courts serving Alameda, California. If, for any reason, a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement will continue in full force and effect. This Agreement constitutes the sole and entire agreement between the Authors and LLNS and any modification of or addition to the terms of this Agreement shall be in writing and signed by an authorized representative of the Authors and LLNS. Failure of either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. Section headings of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof or to affect the meaning of this Agreement. The relationship created by this Agreement is that of independent contractors and no party may hold itself out as being the principal or agent of the other party. This Agreement may be signed in counterparts when there is more than one Author; provided, however, it is not effective until all Authors for the Work and/or Presentation have signed this Agreement. Electronic signatures and other indicia that represent an intent to be bound (such as clicking the “I Accept” or similar button as part of an electronic submission process) are acceptable methods to demonstrate acceptance. This Agreement may not be assigned or transferred by the Authors without the prior written permission of LLNS, but may be transferred or assigned to a successor in interest to LLNS which has management and operating responsibilities for Lawrence Livermore National Laboratory. If any term or provision of this Agreement conflicts with LLNS’ prime contract with DOE/NNSA, LLNS shall be excused from such provision.

12. No Obligation to Publish: The Authors recognize that LLNS is under no obligation to publish or otherwise distribute their Work and/or the Presentation and the decision to distribute or publish the Work and/or Presentation is at the absolute discretion of LLNS. If LLNS decides not to publish the Work and/or Presentation, LLNS will either return or destroy it.

ALL AUTHORS OF THE WORK MUST SIGN THIS AGREEMENT. Contact the CASIS Administrator with any questions.