By submitting an article for review, an author agrees to the terms of the License Agreement (general offer) on the publication of materials and guarantees, for his part, compliance with the rules of publication ethics declared by Saryn. The License Agreement (general offer) is concluded between Saryn at the Kurmangazy Kazakh National Conservatory and an author/authors orally on the terms specified in the License Agreement (general offer), and has legal force without signing by the two parties.
License Agreement (general offer)
On the terms for publishing an article in Saryn
The Kurmangazy Kazakh National Conservatory republican state enterprise of the Culture Committee of the Ministry of Culture and Sports of the Republic of Kazakhstan (hereinafter as the Conservatory), referred to as the Licensee, on the one hand, offers to the public (author/authors, coauthors), referred to as the Licensor, on the other hand, collectively referred to as the Parties, to conclude this License Agreement (hereinafter referred to as the Agreement) on the publication of scientific materials (hereinafter referred to as the Article) in Saryn.
1. Terms used in the Agreement
Offer Acceptance — the full and unconditional acceptance of the Offer.
Journal — Saryn, registered by the State Control Committee in the Field of Communications, Informatization and Mass Media of the Ministry of Information and Communications of the Republic of Kazakhstan (date and primary registration number: no. 13880-Zh from 19.09.2013. The registration certificate of a periodical, news agency and online publication: no. KZ63VPY00066116 dated 10.03.2023), Saryn website on the Internet http://sarynjournal.kz (hereinafter referred to as the Website).
Application — an electronic appeal of the Licensor (author/authors, co-authors) to the Licensee (publisher) to post the Article in Saryn by sending the Article by e-mail.
Licensor — a natural person (persons) — an author (authors, co-authors), by means of whose creative work has been made the Article.
Licensee — the Kurmangazy Kazakh National Conservatory republican state enterprise, publisher.
Personal Data Processing — actions (operations) with personal data, including collection, systematization, accumulation, storage, clarification (updating, modification), use, distribution.
Offer — this document is an offer to the Licensor for the publication of the Article.
Publication — placement of the Article in Saryn.
Editorial Board of Saryn — a creative team that carries out editorial and publishing preparation and release Saryn.
Retraction — a recall of an already published Article from Saryn by the decision of the author or publisher.
Article — a scholar, educational, methodological material (text) submitted by the Licensor for publication in Saryn.
2. Subject of the License Agreement (general offer)
2.1. In accordance with Article 396 of the Civil Code of the Republic of Kazakhstan, this Agreement is a general offer, the full and unconditional acceptance of which, in accordance with Chapter 23 of Article 396 of the Civil Code of the Republic of Kazakhstan, is the Licensor sending its Articles to the Site.
2.2. The effect of this Agreement arises from the moment the Article is sent to the Journal.
2.3. Under this Agreement, the Licensor submits the Article for publication into Saryn on the basis of a ordinary (non-exclusive) license to use the Article. When submitting the Article, the Licensor agrees with the Saryn concept, publication ethics and the procedure for reviewing articles published on the Saryn Website.
2.4. The rights transferred under this Agreement to use the Article include:
— Right to publish the Article in Saryn in printed and electronic form, in which the Article is licensed under the terms of the Creative Commons Attribution 4.0 International License (CC BY-NC-ND);
— Distribution of the Article or its separate part in any way; demonstration of it for informational, advertising and other purposes without limiting the territory of distribution;
— Reproduction of the Article or its separate part (publication, promulgation, duplication, replication or other reproduction of the Article) in any material form without limiting the circulation of copies, including on electronic media, in electronic libraries and databases;
— Translation of and editing the Article;
— Making the Article publicly available in such a way that any person can access the Article from any place and at any time of their own choice (including via the Internet);
— Transfer to third parties, on contractual terms, the rights obtained under this agreement to use the Article and its individual materials without remuneration to the Licensor.
2.5. The rights are to be transferred by the Licensor to the Licensee free of charge for the entire duration of the exclusive right provided for by the current legislation of the Republic of Kazakhstan.
2.6. If the Licensee decides to refuse to publish the Article or the Licensor withdraws the Article before the Licensee decides to publish it in Saryn, this Agreement becomes invalid. The decision to refuse publication is sent to the Licensor at the email address specified by him in the details in the Article. The Recall of the Article by the Licensor should be sent to the Licensee's e-mail editor@sarynjournal.kz in the form of a scanned document containing information about the reasons for the withdrawal of the Article signed by the Licensor.
3. Rights and obligations of the Parties
3.1. The Licensor guarantees that:
— Is the copyright holder of the exclusive rights to the materials included in the Article;
— When creating the Article, the сopyright or other rights of third parties were not violated;
— The Article was created by the Licensor (author/authors, co-authors) as an independent creative work and is original;
— The Article contains all the provided for by the current copyright legislation references to cited authors and/or publications (materials);
— The Article is not the subject of a pledge, has not been transferred to a third party under an exclusive right alienation agreement or an exclusive license contract and is not burdened with the rights and requirements of any third parties.
3.2. The Licensor undertakes to:
— Send to the Editorial Office of Saryn the Article formatted in accordance with the Manuscript Preparation Guide for Authors placed on the Saryn Website;
— Inform other co-authors about the terms of this Contract and to obtain the consent of all co-authors to conclude this Agreement on the terms stipulated by the Agreement;
— Not to use for commercial purposes and in other publications an electronic copy of the Article prepared by the Licensee without a consent of the Licensee.
3.3. The Licensor has the right to:
— Use materials from the published Article when writing educational and scientific book publications, as well as in other publications;
— Use materials from the published Article in educational activities for classroom work with students, in electronic format on a local server for students with access both part of the course of study and for internal study programs at the employer's institution.
3.4. The Licensee undertakes to:
— Review the Article in accordance with the Manuscripts Peer Review Procedure submitted to the Saryn's Editorial Office;
— Publish the Article in Saryn in case of a receiving positive result of internal review and the Licensor withdrawing the reviewer's comments, while the publication date of the Article depends on the order of publication of articles by other authors approved for publication earlier;
— In case of a decision of rejection on the results of the review of the Article or a decision to send it for a revision, sends it to Licensor's email address specified by him in the details in the Article.
3.5. The Licensee has the right to:
— Make editorial and proofing corrections to the Article, including abbreviations, not agreed with the Licensee (author /authors, co-authors), if these corrections do not lead to a change in meaning, correctness of statement and do not violate the integrity of materials perception;
— Establish the rules (terms) for the acceptance and publication of the Articles in Saryn.
3.6. In all cases, not stipulated and not provided for by this Agreement, the Parties are obliged to be guided by the current legislation of the Republic of Kazakhstan
4. Acceptance of the offer and conclusion of the Agreement
4.1. This Agreement comes into force from the moment of its conclusion, when the Licensor accepts the offer by sending the Article to the Saryn Website, and is effective for the entire duration of the exclusive right provided for by the current legislation.
4.2. The Licensor's acceptance of the offer creates the Agreement, concluded verbally on the terms of the Offer, in accordance with the order provided for in Chapter 23 of Articles 395, 396 of the Civil Code of the Republic of Kazakhstan.
5. Change and termination order of the Agreement
5.1. The Licensee has the right to unilaterally change the terms of this Agreement, at least 10 (ten) calendar days prior to the entry into force of the relevant changes, notifying the Licensor about it via the Saryn Website or by sending a notification to the Licensor's email address specified in the details in the Article. Changes take effect from the date specified in the notice.
5.2. If the Licensor does not agree with the changes to the terms of this Agreement, the Licensor has the right to send the Licensee a written notice of rejection of the Agreement prior to the entry into force of the relevant changes. In the absence of a written notice from the Licensor, the changes are considered accepted by the Licensee and the Agreement continues to be valid with the changes made.
5.3. This Agreement may be terminated prematurely by agreement of the Parties.
5.4. The Licensor has the right to withdraw the Article, provided that the Licensee is compensated for the losses caused by such a decision. If the Article has already been published, the Licensor is also obliged to publicly notify about the withdrawal of the Article. At the same time, the author has the right to withdraw previously released copies of the work from circulation, compensating for the losses caused by this.
5.5. If one of the Parties decides to refuse to consummate the Contract, it is obliged to notify the other Party in writing. In this case, the obligations arising from the Agreement are considered terminated upon receipt of an agreement termination notification by one of the Parties of the Agreement.
6. Responsibility
6.1. The Parties are responsible for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the current legislation of the Republic of Kazakhstan.
6.2. All the information provided by the Licensor must be authentic. The Licensor is responsible for the accuracy and completeness of the information transmitted by him.
6.3. The Licensor is solely responsible to third parties for a misuse of the results of intellectual activity of third parties, as well as for all matters relating to ownership of the rights to it and to the materials used in it.
6.4. The Licensee does not bear any responsibility under the Agreement for any actions that are a direct or indirect result of the actions of the Licensor.
6.5. The Parties are hold harmless from liability for violation of the terms of the Agreement if such violation is caused by force majeure, including actions of state authorities (including the adoption of legal regulations), fire, flood, earthquake, other natural disasters, lack of electricity and/or computer network failures, strikes, civil unrest, riots, any other circumstances.
7. Dispute resolution procedure
7.1. Disputes and disagreements will be resolved by the Parties through negotiations, and in case of failure to reach an agreement — in accordance with the current legislation of the Republic of Kazakhstan.
7.2. If there are unresolved disagreements between the Parties, the disputes are resolved in court at the Licensee's location in accordance with the current legislation of the Republic of Kazakhstan.
8. Other terms
8.1. The Licensor, in accordance with the Law of the Republic of Kazakhstan "On Personal Data and their Protection" dated May 21, 2013, agrees to the processing the following personal data by the Licensee:
— Surname, name, patronymic;
— Information about the job place and the position held;
— Information about the contact information for correspondence;
— Information about the availability of published works of literature, science and art.
8.2. The Licensee has the right to process the Licensor's personal data for the purpose of consummation of this Agreement, including information and reference servicing for the Licensor.
Details of the Licensee
Republican State Institution "Kurmangazy Kazakh National Conservatory" of the Committee of Culture of the Ministry of Culture and Sports of the Republic of Kazakhstan
Legal address:
86 Abylai Khan Ave., Almaty, 050000, Republic of Kazakhstan.
Tel.: +7 727 261 63 64
Website: sarynjournal.kz
Email address: editor@sarynjournal.kz