open-access licence

open access

The Creative Commons Attribution (CC-BY) Licence applies to all open-access articles published by the IUCr. Under this licence the authors retain the copyright of their article, but allow others to reuse and copy the article provided the original authors and source are cited.

On submission, authors are asked to agree to the author warranty given below, and to the terms of the open-access licence.

Author warranty

By agreeing to this declaration you (the author) certify that:

  1. your contribution is your original work, has not been published before (in any language or medium) and is not being considered for publication elsewhere;
  2. that all authors concur with and are aware of the submission;
  3. that all workers involved in the study are listed as authors or given proper credit in the acknowledgements;
  4. that you have obtained permission for and acknowledged the source of any excerpts from other copyright works;
  5. that any conflicting interests are declared in the acknowledgements;
  6. and that to the best of your knowledge your paper contains no statements which are libellous, unlawful or in any way actionable.

Open-access licence agreement

Brief summary of the agreement

You (the user) are free:

  • to copy, distribute, display and perform the work
  • to make derivative works
under the following conditions:
  • Attribution. You must give the original author credit.
  • For any reuse or distribution, it must be made clear to others what the licence terms of this work are.
  • Any of these conditions can be waived if you get permission from the copyright holder.
  • The author's moral rights are in no way affected by the above.

Full IUCr open-access licence agreement

The full open-access agreement is identical to the Creative Commons Attribution (CC-BY) Licence.

Licence

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS IUCr LICENCE ("LICENCE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENCE OR COPYRIGHT LAW IS PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

This Creative Commons England and Wales Public Licence enables You (all capitalised terms defined below) to view, edit, modify, translate and distribute Works worldwide, provided that You credit the Original Author.

'The Licensor' [one or more legally recognised persons or entities offering the Work under the terms and conditions of this Licence]

and

'You'

agree as follows:

1. Definitions

  1. "Attribution" means acknowledging all the parties who have contributed to and have rights in the Work, Derivative Work or Collective Work under this Licence.
  2. "Collective Work" means the Work in its entirety in unmodified form along with a number of other separate and independent works, assembled into a collective whole.
  3. "Derivative Work" means any work created by the editing, modification, adaptation or translation of the Work in any media (however a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this Licence). For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this Licence.
  4. "Licence" means this Creative Commons England and Wales Public Licence agreement.
  5. "Original Author" means the individual (or entity) who created the Work.
  6. "Work" means the work protected by copyright which is offered under the terms of this Licence.
  7. For the purpose of this Licence, when not inconsistent with the context, words in the singular number include the plural number.

2. Licence Terms

2.1 The Licensor hereby grants to You a worldwide, royalty-free, non-exclusive, Licence for use and for the duration of copyright in the Work.

You may:

  • copy the Work;
  • create one or more Derivative Works;
  • incorporate the Work into one or more Collective Works;
  • copy Derivative Works or the Work as incorporated in any Collective Work; and
  • publish, distribute, archive, perform or otherwise disseminate the Work, Derivative Works or the Work as incorporated in any Collective Work, to the public in any material form in any media whether now known or hereafter created.

HOWEVER,

You must not:

  • impose any terms on the use to be made of the Work, the Derivative Work or the Work as incorporated in a Collective Work that alter or restrict the terms of this Licence or any rights granted under it or has the effect or intent of restricting the ability to exercise those rights;
  • impose any digital rights management technology on the Work, the Derivative Work or the Work as incorporated in a Collective Work that alters or restricts the terms of this Licence or any rights granted under it or has the effect or intent of restricting the ability to exercise those rights;
  • sublicense the Work;
  • subject the Work to any derogatory treatment as defined in the Copyright, Designs and Patents Act 1988.

FINALLY,

You must:

  • make reference to this Licence (by Uniform Resource Identifier (URI), spoken word or as appropriate to the media used) on all copies of the Work and Derivative Works and Collective Works published, distributed, performed or otherwise disseminated or made available to the public by You;
  • recognise the Licensor's / Original Author's right of attribution in any Work, Derivative Work and Collective Work that You publish, distribute, perform or otherwise disseminate to the public and ensure that You credit the Licensor / Original Author as appropriate to the media used; and
  • to the extent reasonably practicable, keep intact all notices that refer to this Licence, in particular the URI, if any, that the Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work.

Additional Provisions for third parties making use of the Work

2.2. Further licence from the Licensor

Each time You publish, distribute, perform or otherwise disseminate

  • the Work; or
  • any Derivative Work; or
  • the Work as incorporated in a Collective Work

the Licensor agrees to offer to the relevant third party making use of the Work (in any of the alternatives set out above) a licence to use the Work on the same terms and conditions as granted to You hereunder.

2.3. This Licence does not affect any rights that the User may have under any applicable law, including fair use, fair dealing or any other legally recognised limitation or exception to copyright infringement.

2.4. All rights not expressly granted by the Licensor are hereby reserved, including but not limited to, the exclusive right to collect, whether individually or via a licensing body, such as a collecting society, royalties for any use of the Work.

3. Warranties and Disclaimer

Except as required by law, the Work or any Derivative Work is licensed by the Licensor on an "as is" and "as available" basis and without any warranty of any kind, either express or implied.

4. Limit of Liability

Subject to any liability which may not be excluded or limited by law the Licensor shall not be liable and hereby expressly excludes all liability for loss or damage howsoever and whenever caused to You.

5. Termination

The rights granted to You under this Licence shall terminate automatically upon any breach by You of the terms of this Licence. Individuals or entities who have received Derivative Works or Collective Works from You under this Licence, however, will not have their Licences terminated provided such individuals or entities remain in full compliance with those Licences.

6. General

6.1. The validity or enforceability of the remaining terms of this agreement is not affected by the holding of any provision of it to be invalid or unenforceable.

6.2. This Licence constitutes the entire Licence Agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. The Licensor shall not be bound by any additional provisions that may appear in any communication in any form.

6.3. A person who is not a party to this Licence shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

6.4. This Licence shall be governed by the law of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales.

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