# Instructions for completing the "AGREEMENT FOR PARTICIPATION IN NIH PUBMED CENTRAL (NIH Portfolio) ARCHIVE"

**A.** In the first paragraph of the agreement, fill in the date on
which you complete the agreement and the name of the society or other
organization entering into this agreement with NLM. This usually is the
organization that holds the copyright on the material being deposited in
PubMed Central (PMC).

**B.** In paragraph #22, list the journals from which you will deposit
articles in PMC. Then, from the bracketed options, choose: when the full
text may be made viewable in PMC; and whether or not you permit
unrestricted redistribution of your source files (under a Creative
Commons or similar license). Delete the options that do not apply.

**C.** In the box below, enter the name and address of the person to
whom NLM can return a copy of the agreement after it has been signed by
NLM.

**D.** Sign and return two originals to:

> PubMed Central
>
> National Center for Biotechnology Information
>
> National Library of Medicine
>
> Building 45, Room 5AN12
>
> 45 Center Drive, MSC 6510
>
> Bethesda, Maryland 20892-6510
>
> USA

# AGREEMENT FOR PARTICIPATION IN NIH PUBMED CENTRAL (NIH Portfolio) ARCHIVE

Made this \_\_\_\_ day of \_\_\_\_\_\_\_\_ 200\_\_, by and between the
National Library of Medicine, National Institutes of Health (NIH), U. S.
Department of Health and Human Services (hereinafter referred to as
\"NLM\") and \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
(hereinafter referred to as \"Participant\").

WHEREAS, the NLM was established by statute in order to assist the
advancement of medical and related sciences, and to aid the
dissemination and exchange of scientific and other information important
to the progress of medicine and to the public health, and, in carrying
out this purpose, is authorized by statute to publish and make available
its indexes and bibliographical listings, and to engage in other
activities in furtherance of NLM\'s purpose (sections 465 and 466 of the
Public Health Service Act, as amended (42 U.S.C. 286, 286a)); and

WHEREAS, one of the goals of the National Library of Medicine is to
improve national health care through the delivery of information
services; and

WHEREAS, Participant is willing to furnish electronically readable
versions of full-text journal articles and other journal content, at no
expense to NLM, in order to incorporate this information into an NIH
digital archive, managed by NLM and known as PubMed Central ("PMC"); and

WHEREAS, NLM has agreed to make the journal content in PMC available to
its users, subject to the terms of this Agreement, thereby resulting in
greater dissemination of biomedical information to scientists,
physicians, other health science professionals and the public, which is
consistent with NLM\'s statutory function to make biomedical information
widely available; and

WHEREAS, NLM wishes to provide electronic copies of the Participant's
journal content (the "Content," as defined in paragraph 1) from the PMC
archive to other archives selected by NLM (the "PMC International
archives" or "PMCI archives") in order to increase access to the Content
and better ensure its preservation; and

WHEREAS, each PMCI archive is required, by separate agreement with NLM,
to provide a free PMC International (PMCI) online service that is
similar to the U.S. PMC service; and each PMCI archive is sponsored and
managed by an NLM-designated national or international agency, or other
not-for-profit organization (at an equivalent national or international
level) formed by non-commercial entities such as universities, research
institutions, funding agencies, or professional societies; and

WHEREAS, Participant has agreed to grant NLM certain rights in
accordance with the terms and conditions of this Agreement;

NOW THEREFORE, it is mutually agreed as follows:

1.  For the purposes of this Agreement, a journal's Content includes the
    following electronic files for each article, and the Participant
    agrees to deliver to NLM all of this Content:

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a.  Full text of the article in XML or SGML format, using a mutually
    agreed upon DTD.

b.  Figures, photographs, and other graphic material in high-resolution
    TIFF or EPS format or, where these are unavailable, in JPEG or GIF
    format, at a resolution equivalent to that of the original source
    images provided to the journal by the authors.

c.  A PDF version of the article, if it exists.

d.  Any supplementary material, such as video, sound, datasets, or
    software files that the authors include with the article.

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```
2.  In the context of providing public access to the Participant's
    Content, wherever this Agreement refers to PMC, it is understood
    that the same terms, conditions and rights will apply equally to all
    the PMCI archives.

3.  Content sent to the PMC archive will be retagged if necessary, by
    NLM, to conform to the NLM XML DTD format used for all data in the
    archive. NLM may generate a printable view of the article for user
    presentation from the submitted XML/SGML and image files. When the
    Content is included in the archive, NLM shall index the full text
    and use such indexes to provide free access via the World Wide Web
    to online searching of the archive and linking of the full text with
    related resources including, but not limited to, gene sequence data,
    whole genomes and online text books.

4.  Participant agrees to deposit in PMC all articles to which the NIH
    Public Access Policy applies that are published in the Participant's
    journal(s). In order to be accepted into PubMed Central, articles
    must satisfy the current scientific and technical quality standards
    for PubMed Central content (as described on the PMC web site or
    elsewhere).

5.  Participant shall also specify, pursuant to paragraph 22, whether
    full text of each article may be made available to PMC's users
    immediately upon receipt, or only after a specified period of time
    from the date of publication. It is understood that PMC will always
    provide free access to any Content that is made available to users.

6.  Participant acknowledges that, as of the date of this Agreement,
    there is one PMCI archive: The UKPMC archive, sponsored by the
    Wellcome Trust, London, UK.

7.  The Participant agrees to allow NLM to redistribute the
    Participant's Content to the PMCI archive(s) listed in paragraph 6.
    Redistribution to any future PMCI archives will require the
    Participant's written approval, as defined in paragraph 20.

8.  NLM may provide a PMCI archive all of the types of files that are
    used to provide access to the Participant's Content in PMC. In order
    to ensure that each PMCI archive follows any applicable delay on
    free access to the full text of the Participant's Content, as
    defined in paragraph 22, NLM will distribute the Participant's files
    from PMC to the PMCI archive only when the full text of such Content
    is eligible to be made available free in PMC. NLM will be
    responsible for the actual transmission of Participant's files from
    PMC to the PMCI archive. The Participant will not be charged by NLM
    for any cost related to the distribution of any files from PMC to a
    PMCI archive or any cost related to the creation and operation of a
    PMCI archive.

9.  In addition to providing public access to the Content, as specified
    elsewhere in this Agreement, NLM also shall have rights to use the
    Content as follows:

-   Notwithstanding any restrictions on access to full text specified in
    paragraph 22, NLM staff and its contractors shall have free and
    unrestricted access to the Content from the time of deposit, for the
    purpose of ensuring the integrity and accuracy of the deposited
    files and for indexing in PubMed Central or PubMed.

-   When the Content is available publicly in PMC, after any embargo
    period specified in paragraph 22, NLM may use it to satisfy
    interlibrary loan (ILL) requests under sections 107 and 108 of the
    Copyright Act, as amended (Title 17 U.S.C.), as permitted under such
    laws.

10. NLM shall:

-   clearly indicate to PMC users the identity of the source of each
    submitted article and that copyright in each article belongs to
    Participant or its licensors;

-   give Participant the option to include a link from the general
    copyright notice on the PMC web site to a page on the Participant's
    web site that lists specific terms and conditions that apply to the
    use of the Participant's Content;

-   assist in the submission process of XML/SGML tagged Content;

-   archive the Content and provide that the Content will remain
    accessible in the future to the Participant and other users of PMC,
    whether or not this Agreement is still in effect;

-   comply with any request of Participant for a copy of the originally
    submitted data files whether or not this Agreement is still in
    effect.

11. NLM shall provide the Participant regular usage reports for all its
    Content in PMC, subject to U.S. Government and PMCI archive policies
    regarding confidentiality and privacy. At a minimum, the reports
    will be updated once a month and will show, by month, the number of
    unique IP addresses that have accessed the Participant's Content and
    the total retrieval of this Content, broken down by format (e.g.,
    full-text HTML view, PDF, etc.). Usage will be reported separately
    for the U.S. PMC site and for each PMCI site. The PMC usage reports
    generally provide more data than called for in the applicable
    COUNTER specification (release 2). However, NLM's privacy policy
    does not allow the identification of use made by specific
    individuals, organizations or IP addresses. Therefore, PMC usage
    reports will not include such data.

12. NLM represents that the PubMed Central software developed by NLM was
    prepared with a reasonable standard of care. NLM makes no
    representations or warranties, expressed or implied, regarding the
    accuracy of the software or that the software is error-free.

13. NLM is not limiting the number of Participants in the PubMed Central
    project beyond restricting the journal articles to the domain of the
    life sciences and related disciplines as defined by NLM and subject
    to the submission conditions in paragraph 4 above.

14. In its system documentation and online help files, NLM shall
    acknowledge Participant as the source of the journal Content. The
    use of this Content does not imply an endorsement by NLM of the
    Participant or its data. NLM makes no representation or implied
    warranty of merchantability or fitness for a particular purpose with
    respect to the NLM database and NLM specifically disclaims any such
    warranties and representations.

15. NLM's rights to use the Content under this Agreement are
    nonexclusive. NLM acknowledges that it does not assert any copyright
    over the Content submitted and that copyright resides with the
    Participant and/or the authors of the respective journal articles,
    whichever is applicable. NLM shall provide notice to PMC users that
    Content in the database may be from copyrighted sources and that
    users of the database are solely responsible for compliance with
    copyright restrictions. Articles posted to PMC are without warranty
    from Participant of any kind, either expressed or implied,
    including, but not limited to, warranties of merchantability,
    fitness for a particular purpose, or non-infringement. In no event
    shall Participant be liable for any loss or damage arising out of,
    or in connection with, the use or performance of this information.

16. NLM has a distribution agreement with each PMCI archive governing
    the terms and conditions under which NLM will provide Content from
    the PMC archive to the PMCI archive. In particular:

-   The PMCI archive must comply with all relevant terms and conditions
    of the current Agreement between NLM and the Participant. The PMCI
    archive will be subject to all limitations on the use of the
    Participant's Content and to all other terms and conditions related
    to identification of the source and the copyright of the
    Participant's Content as defined in this Agreement.

-   Except in the case of Open Access journals that allow unrestricted
    downloading or distribution of their files, the PMCI archive will
    not give users or other organizations direct access to the XML, OCR
    or other "raw data" files that are used to create online views of
    articles or for background processes such as searching.

-   The PMCI archive will not redistribute any of the Participant's
    files that it receives from NLM and it will take reasonable measures
    to prevent bulk downloading of the files. These measures will
    include, but need not be limited to, automated processes to monitor
    all use on the local web site and to block access to the site by any
    user IP address that exceeds certain thresholds of consistent
    activity in specific time spans. It is understood that the nature of
    these controls may change as technology evolves.

-   The agreement with the PMCI archive specifies that US law governs
    all terms pertaining to the use and distribution of Participant's
    files.

17. NLM will ensure that a PMCI archive follows standards equivalent to
    those of the U.S. PMC service for the presentation of articles and
    other journal Content to users. The PMCI archive will be required to
    use NLM's portable PMC (pPMC) software to manage the Content and
    display it online for users. pPMC software is derived from the
    software used to operate the U.S. PMC system at NLM. If a PMCI
    archive ceases to exist or consistently fails to meet NLM's
    standards for the quality of the archive, NLM shall withdraw all
    Participant's Content supplied to the archive from PMC.

18. The Participant may, at any time, request NLM to prevent access via
    PMC to an item in the Participant's Content that the Participant
    reasonably believes to be illegal or an infringement of any person's
    rights. In order to maintain the historical record, in keeping with
    international library guidelines, including those published jointly
    by the International Federation of Library Associations and
    Institutions (IFLA) and the International Publishers' Association
    (IPA), NLM shall retain the subject item in its internal PMC
    archive, but prevent access to it via the public PMC online system
    and withdraw it from any PMCI archive to which it was distributed
    previously. PMC users will be able to see a citation (title,
    authors, journal source data) for the subject item. In lieu of the
    full content of the item, a user will see a notice indicating that,
    for legal reasons, the publisher has withdrawn permission to display
    the item in PMC, and that a copy of the item may be available from
    the journal publisher or from NLM, upon request, under certain
    conditions.

19. This Agreement shall be effective for one year from the date first
    written above and shall be automatically renewed for further one
    year periods, until terminated. Either party may terminate this
    Agreement at any time after the first year, for any reason, upon 30
    days written notice to the other party, without liability to the
    other party. If any terms in this Agreement are to be changed, both
    parties agree to notify the other at least 30 days before such
    changes are to take effect and permit either party to terminate the
    Agreement if such changes are not acceptable.

20. NLM may establish new PMCI archives subsequent to the date of this
    Agreement. NLM will give the Participant prior written notice of any
    such new archive, at the following address:\
    \
    \[*provide Name, Title and (postal mail or email) Address of
    Participant's representative*\]\
    \
    In this written notice, NLM will invite the Participant to add the
    new archive to the list of PMCI archives in paragraph 6. If the
    Participant is willing to make its Content available to the new
    archive, the Participant and NLM will amend the current Agreement or
    enter into a new agreement in order to include the new archive in
    the list of PMCI archives in paragraph 6. If the Participant does
    not respond to the notice from NLM, the new archive will be deemed
    disapproved for purposes of distributing the Participant's Content.

21. In the event of termination of this Agreement by Participant,
    Participant agrees that NLM may retain in the PMC archive all
    Content submitted to PMC prior to the date of termination. NLM's
    right to provide PMC's users access to the full text of
    Participant's Content retained in PMC after the date of termination
    shall be governed by the terms of paragraphs 5, 18 and 22.

22. Participant agrees to include in PubMed Central all articles to
    which the NIH Public Access Policy applies that are published in the
    Participant's journal(s) named below, subject to the specified
    conditions on access to full text. Participant, at any time, may
    choose to deposit additional articles from the named journals,
    beyond those to which the NIH Public Access Policy applies. The
    terms and conditions of this Agreement will apply to any and all
    such additional articles.

(*Name each journal from which articles will be included. Then select
the applicable deposit and access conditions from the \[bracketed\]
options below. Delete the options that do not apply.*)

[Journal Titles:]{.underline}

-   Earliest volume/issue from which Participant will deposit Content in
    PMC:

-   New Content will be supplied to PMC before or soon after the time of
    publication; at the most, it will be within 4 weeks after
    publication.

-   PMC may make full text available free to users, without any
    requirement for users to register or otherwise identify themselves.
    PMC may release all articles to users \[at the time of publication,
    \| months after publication,\] unless a different release date /
    delay is specified in the XML/SGML file for an article. Participant
    will follow PMC's technical specifications for defining different
    release delays for articles in the same journal. Participant agrees
    that the maximum release delay permitted for an article is 12 months
    after publication.

-   In the HTML view of an article, PMC will include a page banner that
    identifies the corresponding journal and provides link(s), as
    defined by the journal, to pages on the journal's own site,
    including a free PDF version of the article.

-   NLM may include \[ALL \| SOME \| NONE\] of the Participant's
    articles that are covered by this Agreement in the PMC Open Access
    subset. Permission to include articles in the PMC Open Access subset
    implies the following understandings about redistribution of
    Participant's Content, including full-text XML, for such articles:

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-   If only some of the Participant's articles are to be included in the
    Open Access subset, Participant will identify such articles with
    specific tagging in the full-text XML/SGML for each article,
    according to PMC's technical guidelines.

-   PMC may make all the Content for the Open Access articles freely
    available to users for downloading via the PMC OAI (Open Archives
    Initiative) service, the PMC FTP site, or similar future services.

-   Participant will summarize, in a license or copyright statement in
    both the XML and PDF versions of each Open Access article, the terms
    of use that apply to users of such articles.

-   Reuse or redistribution of such Content by anyone will be subject
    only to proper attribution of the original source and authorship,
    and to any license or copyright terms that are included in a
    particular article.

23. This Agreement is governed by the Federal laws of the United States,
    as interpreted by the U.S. courts in the District of Columbia.

IN WITNESS WHEREOF, the parties have executed this Agreement, effective
upon the date first written above:

### NATIONAL LIBRARY OF MEDICINE

Signature

Betsy L. Humphreys

Name

Deputy Director, NLM

Title

###  PARTICIPANT

Signature

Name

Title