Publish and Access Agreement
Projekt DEAL and Wiley
Signed in Berlin on 15 January 2019

Made available under a CC-BY-ND license

Table of contents
Publish and Access Agreement
Prelude and Intent
1. Publication Right
2. Access Right
3. Fees and Charges
4. Advisory Board
5. Journal Publishing Program and German National Projects
6. Additional obligations
7. Privacy and Data Protection Policy
8. Term and Termination
9. Warranty and Disclaimers by Wiley
10. Confidentiality Provisions
11. General Provisions
12. Appendix A: Eligible and Member Institutions
13. Appendix B: Journals
14. Appendix C: Open Access Publishing
15. Appendix D: Access Privileges
16. Appendix E: Pricing and Invoicing
17. Appendix F: Member Institutions List Sign-Up Letter

Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND licensePUBLISH AND ACCESS AGREEMENT
This Agreement dated as of January 15, 2019 (the "Agreement") is between Wiley-VCH Verlag GmbH & Co.
KGaA, a company incorporated under the laws ofGermany, Boschstrasse 12 D-69469 Weinheim, Germany onbehalf of its parent John Wiley & Son, Inc. and affiliates, including without limitation John Wiley & Sons, Ltd
and John Wiley & Sons Australia, Ltd. ("Wiley") and MPDL Services GmbH,
c/o Max-Planck-Gesellschaft zur Fördernng der Wissenschaften e.V., Hofgartenstraße 8, D-80539 München,
Germany (the "DEAL Operating Entity").

PRELUDEANDINTENT
The DEAL Operating Entity represents nearly 700 mainly publicly funded academic institutions in Germany(such as universities, universities ofapplied sciences, research institutions, state and regional libraries), including
the most important science and research organisations in Germany.
The DEAL Operating Entity is the result of an initiative called "Projekt DEAL" that was commissioned by the
Alliance of Science Organisations in Germany, represented by the German Rectors' Conference, the HRK. The
objective is to conclude publish and read agreements for the entire range of electronic journals offered by the
major academic publishers. The intention is also to bring about significant change to the status quo in relation tonegotiations, content and pricing in the process.
Wiley is a global provider of content-enabled solutions that improve outcomes of research, education andprofessional practice. Wiley 's core businesses produce scientific, technical, medical and scholarly j oumals,
reference works, books, database services and advertising; professional books, subscription products, ce1tificationand training services and online applications; and education content and services including integrated online
teaching and learning resources for undergraduate and graduate students and lifelong learners.
Founded in 1807, Wiley has been a valued source ofinformation and understanding for more than 210 years,
helping people around the world meet their needs and fulfill their aspirations. Wiley and its acquired companies
have published the works of more than 450 Nobel laureates in all categories: Literature, Economics, Medicine,
Physics, Chemistry and Peace. Wiley's global headquarters are located in Hoboken, New Jersey, with Operationsin Asia, Australia, Canada, Europe and the US. Through the incorporation of Verlag Chemie in 1966, Wiley has asubstantial presence in Germany employing more than 500 staff - many with higher degrees obtained from
German institutions. Wiley now publishes on behalf of more than 100 societies, representing 300,000 members.
In 2019, thousands ofpapers produced by German researchers located in institutions covered by Projekt DEAL
will be published by Wiley.
Wiley in partnership with the DEAL Operating Entity believes that there is an opportunity to shape the way inwhich research is published and accessed. The scholarly communications environment is changing and new
business models are required to support this change.
This agreement between the DEAL Operating Entity and Wiley makes a major contribution to the transformation
to Open Access and is in line with international and nationwide initiatives such as OA2020.
Together, the contracting pa1ties aim to build a progressive and sustainable future that creates impact for
publishing and scholarly research. The DEAL Operating Entity and Wiley will jointly strive to meet the needs ofGerman researchers. Through this Agreement, the pa1ties are pursuing an experiment in mutual good faith with
the intent to advance Open Access and Open Science in Germany in a sustainable way.
Wiley and the DEAL Operating Entity also will collaborate on national projects relating to advancing open
access, driving development of open infrastructure, and engaging with the research community to better
understand and enhance research communications.

Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND license

(F1>

•

The parties will work together to establish workflows that will provide Corresponding Authors ofMember
Institutions the right to retain their copyright and to publish Accepted Articles open access in Wiley' s Hybrid andGold Journalsand Authorized Users ofMember Institutions with access to the Licensed Electronic Products via
Wiley Online Library as provided in this Agreement.

1.

PUBLICATION RIGHT(a)
The parties shall work together in accordance with the terms set forthin Appendix C to enable
open access publication of primary research and review articles that have been selected for publication in
a Wiley jownal ("Accepted Articles") by members ofteaching or research staff affiliated with Member
Institutions (as defined in Appendix A) who are authorized by the Member Institution to submit thearticle to Wiley and are responsible for manuscript submission, correction, proof reading, correspondence
du.ring the paper submission, and handling revisions and re-submission of revised manuscripts, (the"Corresponding Authors") under the terms of this Agreement. The DEAL Operating Entity and theMember Institutions are collectively referred to as the "Customer."(b)
Wiley grants Corresponding Authors a non-transferable right to publish Accepted Articles open
access under a Creative Commons License with authors retaining their copyright (unless theCorresponding Author decides to opt out of open access publishing) in all joumals published by Wileythat allow for open access articles (the "Hybrid and Gold Journals") as provided in Appendix C subject topayment provided in Appendix E. This right shall only apply to articles accepted for publication by Wileyin Hybrid Jownals on or after July 1, 2019 and articles accepted for publication by Wiley in Gold
Jownals on or after five business days after execution ofthis Agreement and prior to December 31, 2021
for both Hybrid and Gold Journals. Lists of Wiley's Hybrid, Gold and subscription-only joumals are set
forth in Appendix B, which will be updated by Wiley periodically to reflect changes in its portfolio. For
the avoidance of doubt, this Agreement does not restrict any rights that come with a Creative Commons
License.
(c)Corresponding Authors will be required to sign the then-current open access publishingagreement provided by Wiley. Wiley reserves the right to verify periodically that Corresponding Authors
qualify under the terms of this Agreement.

2.

ACCESS RIGHT(a)Wiley grants to the Member Institutions and its Authorized Users (as defined in Appendix D), a
non-exclusive, non-transferable right and license to access, via Wiley Online Library (or any successor
thereto), all products, services and content available on Wiley Online Library, details ofwhich are set
forthin Appendix D ("Licensed Electronic Products") on the Terms and Conditions ofUse set forthin
Appendix D. The current list of Licensed Electronic Products is set forth in Appendix B. The number ofthe Authorized Users who may simultaneously access Wiley Online Library is unlimited. Upon expirationor termination ofthis Agreement, Wiley will provide the Member Institutions and their Authorized Users
with ongoing, perpetual access to the Licensed Electronic Products published during the Agreement Termas weil as retrospective content as provided in Appendix D via Wiley Online Library (or any successor
thereto or equivalent thereot) in the fonnat originally published on the Terms and Conditions ofUse set
forth in Appendix D at no additional cost.
(b)
The DEAL Operating Entity must send Wiley an executed Sign-Up Letter as provided inAppendix F for each Member Institution before the Member Institution will be set up with access rights
pursuant to Section 2 and Appendix D under this Agreement. Notwithstanding the foregoing, for Member
Institutions with 2018 subscriptions, Wiley will provide interim access to the Licensed Electronic
Products until receipt of such Member Institution's Sign-Up Letter or March 31, 2019 whichever comessooner. Ifthey make use of such interim access rights, they agree to the Terms and Conditions ofUse set
2

Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND license

forthin Appendix D.
(c)Each Member Institution shall provide access to Wiley Online Library via its Secure Network (asdefined in Appendix D) for its Authorized Users.

3.

FEES AND CHARGES(a)
The DEAL Operating Entity shall pay Wiley the Publish and Access Fees, charges for Gold Open
Access publishing services provided to Corresponding Authors, and the Consolidated Access Fee, as
specified in Appendix E attached hereto, including where required by law, any applicable taxes. Suchamounts will be due as set forthin the relevant invoice.
(b)
Each Member Institution is responsible for any charges associated with accessing Wiley Online
Library and the Licensed Electronic Products, inc!uding, but not limited to, any computer equipment,
telephone or Internet connections, and access software.
(c)
The DEAL Operating Entity is responsible for ensuring that any third party auth01ized by the
DEAL Operating Entity to make payments on its behalf shall promptly pay Wiley the füll amounts due
under this Agreement. The DEAL Operating Entity will inform Wiley six months prior to the effective
date of any material modification to, or tennination of, its funding agreement with Max-PlanckGesellschaft zur Förderung der Wissenschaften e.V.

4.

ADVISORY BOARD

The parties agree that a well-structured, focused advisory board consisting ofrepresentatives from Wiley, the
DEAL Operating Entity, and Member Institutions as agreed by the parties (the "Advisory Board") will act as asteering group to oversee the successful implementation ofthe Agreement throughout the Term (as defined
below). The Advisory Board will review progress, identify issues and impediments arising, and agree on remedialactions to ensure that the Agreement remains on track and consistent with the goals ofthe parties. Wiley will drafta charter for the Advisory Board to provide a constitution, composition, terms of reference and meeting cadence,for joint ratification by both the DEAL Operating Entity and Wiley prior to July 1, 2019. Wiley will cover all
reasonable logistical costs associated with running the Advisory Board and members' attendance at meetings.

5.

JOURNAL PUBLISHING PROGRAM AND GERMAN NATIONAL PROJECTS(a)
Wiley will launch a flagship interdisciplinary journal (the "Flagship Journal") (and potentiallysister journals at the subject level) which will publish top-tier scholarship from the global researchcommunity and serve to deliver open science innovation and proofthat open access publishing can thrive
as a publishing format for the best in global research . Projekt DEAL and Wiley have agreed to endorse
the principles and launch of the Flagship Journal and collaborate to define its scope and Wiley can refer tothe endorsement of Projekt DEAL on andin connection with the Flagship Journal. The DEAL Operating
Entity, including through representatives of Projekt DEAL, will use best efforts to secure endorsement
and participation from the Alliance of Science Organisations in Germany and appropriate Member
Institutions. In addition to the organizational endorsement, Gerard Meijer and Horst Hippler havecommitted to serve as founding members of the advisory board for the Flagship Journal that will further
define the principles and plan the launch of the Flagship Journal and shall work with Wiley to establish a
top flight global editorial board representing all major fields of scientific inquiry. Wiley intends to open
the Flagship Journal for submission by October 2019.
(b)
Wiley and Projekt DEAL have agreed to establish an Open Science and Author Services
Development Group which will develop innovative approaches for, including but not limited to:integrating open data, open standards and open metrics into the core publishing functions associated witha scholarly journal; develop faster and more efficient submission, peer review and revision processes; and3

Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND license-~provide authors with dissemination service upon publication. Frank Sanderand Ralf Schimmer havecommitted to chair the Open Science and Author Services Development Group and recruit other thought
leaders from across their personal and Member Institutions networks. Wiley staffwill also be core
members of the Development Group.
(c)
Wiley and Projekt DEAL have agreed to jointly convene a symposium for early stage researchers
to commonly develop the evolution of scholarly communication through discussion, workshops and otheractivities. Horst Hippler has committed tobe the chair ofthe symposium and actively solicit participation
including but not lirnited to grant recipients from the European Research Council and the Academy ofYoung Scientists from within Leopoldina.

6.

ADDITIONAL OBLIGATIONS(a)
Projekt DEAL and Wiley have comrnitted to work together to identify relevant contacts at
Member Institutions to help organize Wiley-run workshops, with the role ofthe Member Institutions
being to host and promote these workshops to their researchers. Wiley will take responsibility fordelivering the content of the workshops and for arranging participation by Editors-in-Chief of leadingjoumals, staff involved in peer review, and key national and European society partners. Projekt DEAL
and Wiley intend to run at least 50 workshops per year with 2 each for the top 10 Member Institutions interrns of publishing volume.
(b)
The parties will agree on a comprehensive communications plan to demonstrate publicly the spiritof our partnership and to educate German researchers about their options and choices when publishingwith or reading content from Wiley. Communications will include but not be lirnited to:• A joint press release announcing the new Agreement and its benefits to German researchers. This
statement will include commitments to pave the way to more open access and will include
mention ofthe three projects agreed to in Section 5;• Coordinated descriptions ofthe terms, the benefits to German researchers and institutions, andprogress made towards the shared goals of openness for Gennan research;• Coordinated academic and industry press outreach and response, includingjoint spokespeople;• Coordinated release of information via agreed channels including all print and digital channels(including social media);• Video interviews describing the difference this arrangement will make to German research andresearchers over the next three years.
No public communications regarding this Agreement or the negotiation thereofwill be made by either
party until the Agreement is signed, and the foregoing comprehensive communications plan is agreed toby the parties, and then only in accordance with such communications plan.

(c)
The DEAL Operating Entity shall use its best efforts to ensure that the Member Institutions
comply with the terms ofthis Agreement.

7.

PRIVACY AND DATA PROTECTION POLICY
Wiley recognizes the importance ofprotecting the information it collects in the operation ofWiley Online
Library and will act in compliance with the German data privacy laws. Privacy Policy posted athttps://www.wiley.com/en-us/privacy.

8.

TERM AND TERMINATION(a)
The Term ofthis Agreement shall commence on January 1, 2019 and end on December 31, 2021.
Renewal negotiations will be started during the first quarter 2021. If the negotiations continue without aresult until December 1, 2021 this Agreement will be automatically extended by one year if neither party
objects prior to December 1, 2021.
4

Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND license(b)Either party may terminate this Agreement if the other party materially breaches its obligations
under this Agreement and fails to eure such mate1ial breach, provided that the non-breaching party shallgive written notice of its intention to terminate and shall allow the breaching party 60 days after receipt ofsuch notice to remedy the breach. Notwithstanding the foregoing, either pa1ty's failure to perforrn any
terrn or condition of this Agreement as a result of conditions beyond its control such as, but not limited to,war, stiikes, fires, tloods, governmental restrictions, acts ofterrorism, public health emergencies, power
failures, or damage to or destruction of any network facilities or servers, shall not be deemed a breach ofthis Agreement.
(c)Wiley may terminate this Agreement upon six-months' prior written notice.

(d)Upon expiration or termination ofthis Agreement, the parties agree to work together in good faith
for an orderly transition ofMember Institutions to direct agreements with Wiley with the goal ofuninterrupted access for Authorized Users and publishing for Corresponding Authors.

9.

W ARRANTY AND DISCLAIMERS BY WILEY(a)
Wiley represents and warrants that it has the right and authority to make Wiley Online Libraryavailable to the Member Institutions and its Authorized Users pursuant to the terms and conditions ofthis
Agreement and that, to the best of Wiley's knowledge, Wiley Online Library and the Licensed Electronic
Products do not infringe upon any copyright, patent, trade secret or other proprietary right of any third
party.
(b)
Wiley Online Library may provide Authorized Users with links to third-party websites. Where
such links exist, Wiley disclaims all responsibility and liability for the content of such third-party
websites. Authorized Users assume sole responsibility for the accessing of third-party websites and theuse of any content on such websites.
(c)

Except for the warranties provided by Wiley in Section 9(a) above,(i)
WILEY ONLINE LIBRARY AND THE LICENSED ELECTRONIC PRODUCTS AND
ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS,WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, W ARRANTIES OF TITLE, OR TMPLIED W ARRANTIES OF
MERCHANT ABILITY OR FITNESS FORA PARTICULAR PURPOSE;(ii)
THE USE OF THE LICENSED ELECTRONIC PRODUCTS, WILEY ONLINELIBRARY AND ALL MATERIALS IS AT THE CUSTOMER'S AND THE AUTHORIZED
USER' S OWN RISK;(iii)
ACCESS TO WILEY ONLINE LIBRARY AND THE LICENSED ELECTRONICPRODUCTS MA Y BE INTERRUPTED AND MA Y NOT BE ERROR FREE; AND(iv)
NEITHER WILEY NOR ANYONE ELSE INVOL VED IN CREA TING, PRODUCING
OR DELIVERING WILEY ONLINE LIBRARY, THE LICENSED ELECTRONICPRODUCTS, OR THE MATERIALS CONTAINED IN WILEY ONLINE LIBRARY, SHALLBE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENT AL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES ARISING OUT OF THE CUSTOMER'S OR THE AUTHORIZED
USER'S USE OF OR INABILITY TO USE WILEY ONLINE LIBRARY, THE LICENSED
ELECTRONIC PRODUCTS AND ALL MATERIALS CONTAINED THEREIN.

5

Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND license

(d)Wiley shall indemnify and hold the Customer harmless from and against any damages, costs
and fees (including reasonable attorney's fees) resulting from any judgment against the Customer
arising out ofthe claim of a third party that Wiley's license ofthe Licensed Electronic Products or the
Customer's use thereof as authorized hereunder constitutes an infringement of any copyright, patent,
trade secret or other proprietary right of any such third party. This indemnity shall survive expirationor tennination ofthe Agreement for two (2) years. This indemnity shall not apply ifthe claim involvescontent which has been modified or used in a manner not permitted under this Agreement or if the
Customer has failed to comply with other material terms ofthis Agreement. The Customer shall give
prompt notice of an infringement claim to Wiley, shall provide such cooperation and assistance toWiley as is reasonably necessary to defend the claim, and shall allow Wiley to have the sole control ofthe defense, provided, however, that the Customer retains the right to participate in the defense at its
own expense.
10.

CONFIDENTIALITY PROVISIONS(a)
Any and all information disclosed by a party (the "Disclosing Party") to the other party (the"Receiving Party") in connection with this Agreement or in relation to either party' s respective business,financial or corporate affairs, that is marked "confidential", "proprietary" or in some other manner toindicate its confidential nature and any and all information that is clearly confidential by its nature is"Confidential Information." Thiity days after the agreed upon public announcement of execution of thisAgreement, the Agreement itselfwill not be considered Confidential Information; and immediately
following the public announcement, the parties may disclose information regarding the Agreement
including sending the Sign-Up Letters.
(b)
The Receiving Pa1ty shall use the Disclosing Party's Confidential Information solely for the
purposes of negotiating and implementing this Agreement. The Receiving Party agrees to take reasonablecare to protect the Confidential Information from disclosure to third parties and to limit disclosure of theConfidential Information to those employees or contractors ofthe Receiving Party who have a need toknow in connection with this Agreement, and who have been made aware of, and agree to abide by, theserestrictions. The Receiving Party's obligation to maintain the confidentiality ofthe Confidential
Information under this section will survive any termination or expiration ofthe Agreement.
(c)
The Receiving Party will not have any obligation to maintain the confidentiality of Confidential
Information that (i) is known to or is rightfully received from a third party prior to its receipt from
Disclosing Party without breach of any confidence by that third party; (ii) is or has been publ icly
disclosed without any obligation to maintain such information in confidence; (iii) has been independently
developed; or (iv) is Confidential Information that is required to be provided by law or by governmental
or judicial order, provided that, where pennitted, the Receiving Party gives the Disclosing Party prompt
notice of such order, gives the Disclosing Party reasonable opportunity to contest or modify such order at
the Disclosing Party' s sole expense, and complies with any protective order (or equivalent) imposed onsuch disclosure.
11.

GENERAL PROVISIONS(a)
In the event of a significant adverse change in business conditions resulting from this Agreement
and its implementation that materially affects Wiley and/or its licensors or the DEAL Operating Entity
and/or its Member Institutions, then Wiley or the DEAL Operating Entity as applicable shall notify theother party of such adverse change in business conditions and the parties shall renegotiate the terms ofthis Agreement in good faith . Should such renegotiation be unsuccessful, then on six months ' priorwritten notice, the materially affected party shall have the right to tenninate this Agreement.
(b)Wiley may assign this Agreement to its successors, subsidiaries or assigns, subject to the priorwritten approval ofthe DEAL Operating Entity which will not be unreasonably withheld. The DEAL

6

Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND license

Operating Entity may assign this Agreement to its successors or assigns, subject to the prior written
approval of Wiley, which will not be unreasonably withheld so long as the successor or assignee commits
to the obligations ofthe DEAL Operating Entity and has sufficient assets and infi-astructure. Except for
the foregoing, the DEAL Operating Entity may not assign this Agreement.
( c)
P1ior to taking any legal action, the pa1ties agree to meet and confer in good faith on any matterof controversy, claim, or dispute arising under or relating to this Agreement or a breach thereof (each, a"Dispute"). All Disputes shall first be addressed by the appropriate members ofthe Advisory Committee
where such members shall engage in good faith discussions. lfthe Dispute cannot be resolved at theAdvisory Committee, then the parties shall escalate the Dispute as appropriate and may, ifboth parties
agree, refer any unresolved Disputes to mediation.
(d)This Agreement shall be construed and interpreted pursuant to the laws ofGermany without
regard to conflict of law rules . Any legal action, suit or proceeding arising out of or relating to thisAgreement or the breach thereof shall be instituted in a court of competent jutisdiction in Germany andeach party hereby consents and submits to the personal jurisdiction of such court, waives any objection tovenue in such court and consents to the service ofprocess by registered or certified mail , return receipt
requested, at the last known address of such party.
(e)
Any notice, request, statement or other communication tobe given hereunder to any party shallbe in writing addressed to Wiley at the address on page one, attention VP & Managing Director, Germany
with a copy to Wiley, EVP & General Counsel, 111 River Street, Hoboken NJ 07030 and the DEAL
Operating Entity at the address on page one, or mailed or delivered to such other address as each party
may designate by notice given in like manner, and any such notice, request, statement or othercommunication, shal\ be deemed to have been given when received, except that ifmailed by registered orcertified mail , retum receipt requested, or del ivered by ovemight courier service, it shall be deemed tohave been given when mailed as aforesaid or when delivered. F or operational purposes the parties willname contacts. Coordination of such contacts and operational contact in the case of doubt will be Guido
Herrmann on behalf of Wiley and Frank Sander on behalf ofthe DEAL Operating Entity.
(f)This Agreement constitutes the complete understanding ofthe parties and supersedes all priorunderstandings between the parties with respect to the subject matter of this Agreement. No modification,
amendment, or waiver of any provisions shall be valid unless in writing and executed by the parties. Any
waiver in one or more instances by either of the paities of any breach by the other of any terms orprovisions contained in this Agreement shall not be considered a waiver of any succeeding or preceding
breach. In the event that any clause ofthis Agreement is detennined tobe void or unenforceable, theremainder ofthe Agreement shall survive and the void or unenforceable provision will be replaced with aprovision that is valid and enforceable and most closely reflects the intent ofthe parties.
(g)
All Appendices attached or to be attached to this Agreement are incorporated herein and shall begoverned by the terms and conditions of this Agreement unless otherwise specified in such Appendix. In
the event of any conflict between the terms of an Appendix and the terms ofthis Agreement, the terms of
the Appendix shall govem.
AGREED AND ACCEPTEDMPDL Servic

Wiley-VCH V?

Signature: - --111-- - - - - - - - '""""="~- Fra
Managing Director

Signature: _ _ _ _ _ _ _ _ _ _ _ __Guido Herrmann
VP & Managing Director

gf1mbH & Co. KGaA

(J. [Jk . -7

Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND license

Commitments for specific roles and responsibilities resulting from this Agreement
Gerard M eij er
for purposes ofhis commitment in Section 5,_U1,1=:;::;;. .--:;;

Horst Hippler
for purposes ofhis commitment in Section 5(a) and 5(c)Signature:---~1/_·_._ f--+I·~---,~1,,1_~---/

Ralf Schimmer
for purposes ofhis commitment in Section 5(b)_· ___,,c;§f_ _Signature: _ _(i?c8Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND license

ß_J2_ ~_-_______,,__

APPENDIX A - Eligible and Member Institutions
Eligible Institutions
lnstitutions ofthe following types are eligible tobe Member Institutions ("Eligible Institution") under the teims ofthis Agreement:a) publicly or privately funded higher education and research institutions in Gerrnany;b) the Gerrnan National Library, all regional and state libraries, as weil as central subject libraries;c) research libraries and specialized acadernic libraries with primarily public funding;d) research institutes primarily funded by the federal or state governments, including acadernic institutions locatedabroad but funded by public bodies or primarily publicly funded bodies in Gerrnany, such as the Gerrnan
Historical Institutes; ande) other institutions as agreed by the parties such as Max Planck Florida Institute for Neuroscience and Max
Planck Institute Luxembourg for International, European and Regulatory Procedural Law.
Member Institutions
The intention is for all Eligible Institutions tobe listed as "Member Institutions."
The DEAL Operating Entity will issue a Sign-Up Letter according to Appendix F to all Member Institutions. As
provided in Appendix C, all articles from Corresponding Authors ofMember Institutions are covered by thisAgreement regardless ofwhether the Member Institution executes the Sign-Up Letter. However, Member
Institutions will not have access rights as provided in Appendix D, until their executed Sign-Up Letter is received
by Wiley. Notwithstanding the foregoing, for Member Institutions with 2018 subscriptions, Wiley will provide
interim access to the Licensed Electronic Products until receipt of such Member Institution's Sign-Up Letter orMarch 31, 2019 whichever comes sooner. If they make use of such interim access rights, they agree to the Terms
and Conditions ofUse set forthin Appendix D. In addition, the DEAL Operating Entity has the right to instruct
Wiley to stop access to any Licensed Electronic Products provided under this Agreement to a particular Member
Institution, including if such Member Institution fails to pay the DEAL Operating Entity. The DEAL Operating
Entity will take no steps to discourage or dissuade authors from publishing with Wiley even if such authors areaffiliated with a Member Institution to whom the DEAL Operating Entity has restricted reading access.
The initial list ofMember Institutions has been agreed upon by the parties. Each party may propose to add
Member Jnstitutions subject to the other party's prompt agreement. lf the pa1ties disagree as to whether an
institution should be added as a Member Institution, the Advisory Board will deterrnine based on the criteria set
forth above. The Advisory Board may also designate certain institutions to be explicitly not Eligible Institutions if
they do not fall within the above categories, such as corporations. Wiley will keep the DEAL Operating Entity
informed if any Member Institutions enter into publish and access agreements with Wiley or its parent oraffiliates. In case of such agreement, the DEAL Operating Entity has the right to have such institution removed
from the !ist of Member Institutions for the duration of such agreement.

9

Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND licenseAPPENDIX B - JOURNALS

Journal Title

Electronic
ISSN

Print
ISSN

JournalType

Annals of Applied Biology

17447348

00034746

HybridArabian Archaeology and Epigraphy

16000471

09057196

HybridJournal of Aquatic Anima! Health15488667

08997659

HybridActa Archaeologica

16000390

0065101X

HybridActa Anaesthesiologica
Scandinavica

13996576

00015172HybridAggressive Behavior

10982337

0096140X

HybridAbacus14676281

00013072

HybridAmerican Business Law Journal

17441714

00027766

HybridNew Directions for Adult andContinuing Education
Aging Cell

15360717

10522891

Hybrid14749726

14749718

Open AccessAcademic Emergency Medicine

15532712

10696563

HybridACEPNow
Alcoholism: Clinical &Experimental Research
Accounting & Finance23288949

15519171

Subscription

15300277

01456008

Hyb1id1467629X

08105391

Hyb1idAdvances in Cell and Gene Therapy

25738461

Acta Geologica Sinica (English
Edition)
Journal of Applied Clinical Medical
Physics
Armals of Clinical and Translational
Neurology
Applied Cognitive Psychology

Hybrid17556724

10009515

Hybrid15269914

15269914

Open Access23289503

23289503

Open Access

10990720

08884080

HybridActa Psychiatrica Scandinavica

16000447

0001690X

HybridArth1itis Care & Research21514658

2151464X

Hybrid10991115

08906327

Hybrid14691795

13679430

HybridArchitectural Design

15542769

00038504

Subscription

Alcoholism & Drug Abuse Weekly

15567591

10421394

Hyb1idAddiction Biology

13691600

13556215

HybridAdvanced Biosystems

23667478

23667478

HybridAddiction

13600443

09652140

HybridAdvanced Engineering Materials

15272648

14381656

HybridInternational Journal of Adaptive
Control and Signal Processing
Anima] Conservation

10

Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND license

The full Appendix B will be available
in machine readable format via web
download and will be updated
periodically as provided in theagreement.

The full Appendix B will be available in machine readable format via web download
and will be updated periodically as provided in the agreement.

Laboreinkauf Buyers Guide

Subscription

Magnetosphere Physics

SUBH1239

Subsc1iption

Magnetospheric Physics

MULO1234

Subscription

Marine Geology and Geophys

MULP1239

Subscription

MULQ1233

Subscription

Mathematical, Computational andNon-linear Geophysics
Messe Guides

Subscription

Mineral Physics

MULR1238

Subscription

Mineralogy and Petrology

MULS1237

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Oceanography-Physical

MULV1233

Subsc1iption

Oceanography-Biolo and Chem

MULT1232

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Oceanography-General

MULU1238

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Paleoceanography

MULW1239

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Personal Choice: Radio Science

MULZ1235

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Physical Properties ofRocks

MULY123X

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Planetary Sciences

MULYl23X

Subscription

Seismology

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Solar and Heliosphe1ic Physics

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Solar Phys Astrophys Astro

MULB4562

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Space Plasma Physics

MULC4568

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Structural Geology

MULE4569

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Tectonophysics

MULF4564

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Volcanology
Water Environment & Technology
M_agazin~
Journal of Analytical Psychology

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14685922

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Hybrid63

Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND license•APPENDIX C - OPEN ACCESS PUBLISHING
1. General

Wiley agrees to the open access publication in Hybrid and Gold Journals of Accepted Articles of eligible
Corresponding Authors in consideration of the fee outlined in Appendix E and for no additional article
publication charge ("APC"). Eligible Corresponding Authors publishing under this Agreement retain copyrightand Wiley publishes these articles under a Creative Commons license unless the Corresponding Author chooses to
opt out of open access publishing. Even if a Corresponding Author opts out, if the article falls within theeligibility parameters ofthis Agreement, it will be counted with respect to the Publish and Read accounting.
This will commence for articles accepted for publication by Wiley in Hybrid Journals on or after July 1, 2019 andarticles accepted for publication by Wiley in Gold Journals on or after five business days after execution of thisAgreement and prior to December 31, 2021 for both Hybrid and Gold Journals.
It is mutually understood that the open access workflows and services required to fulfill the terms ofthis
Agreement have a piloting character. Hence the two parties agree to work together in good faith and will
collaborate in the development of strearnlined author identification and verification workflows as weil as efficientinvoicing and reporting processes, which will become all the more essential the more the publishing systemmoves to open access.
Under the standard hybrid publication workflow, ifthe Corresponding Author has identified his/her primaryaffiliation as a Member Institution, open access will be presented as the default option. Otherwise, theCorresponding Author needs to actively select to publish open access or not. Under this Agreement, Wiley will
endeavor to make clear to those Corresponding Authors, upon acceptance at the latest, that their primary researchand review articles are meant tobe published open access as part ofthis Agreement so long as the correct
affiliation of the Corresponding Author is captured in Wiley system metadata. In order to do so, Corresponding
Authors must be accurately identified as such early in the process. The DEAL Operating Entity will assist Wileyin such identification including through the workshops described in Section 6(a) ofthe Agreement.
Wiley will offer Corresponding Authors a choice of Creative Commons licenses when open access has been
selected. Projekt DEAL has a stated preference for CC-BY. For the Journals that do offer CC-BY for all authors,
the CC-BY license will be listed first. Some journals currently only offer CC-BY to authors who received original
research funding from funders with CC-BY license mandates. Wiley will provide a list ofthese joumals and will
review with these journals their current policy with the aim of encouraging CC-BY to be available for all authors
to select. The DEAL Operating Entity will assist Wiley in such efforts and Wiley will make available to the
DEAL Operating Entity opportunities to engage with and inform societies, editors and authors about licensing
choice. Wiley and the DEAL Operating Entity agree to work together in how licensing information is presented tothe authors and how it needs tobe further developed during the Term ofthe Agreement so long as suchdevelopment is not technically infeasible. In cases of doubt, the DEAL Operating Entity will have the right todecide on the prioritization of choices and the wording with which the various licensing options are presented.
The DEAL Operating Entity reserves the right to reject articles tobe published under this Agreement ifthey do
not fall within the definition of eligible articles. Articles do not fall within the definition of eligible articles if: they
are not primary research or review or ifthe Corresponding Author is not affiliated to a Member Institution. In
order to execute this right, a validation/rejection mechanism needs tobe provided for the DEAL Operating Entity
administrators in the workflow processes. Wiley will make their commercially reasonable efforts to prevent theaffiliation ofthe Corresponding Author as stated in the aiticle, and based on which the DEAL Operating Entity
verifies eligibility, from changing after approval or rejection. Should, contrary to expectations, an article
identified as being eligible not be published open access or the Corresponding Author or his/her affiliation is
updated during the production process such that the article eligibility changes to an ineligible article, the DEAL
Operating Entity will be notified accordingly and the article will not be counted for pricing according to Appendix
E. Wiley and the DEAL Operating Entity agree to work together on how these requirements are best implemented

64

Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND license•and further developed during the Term ofthis Agreement.
Both parties agree to work together to optimize the workflow to correctly identify as many eligible articles as
possible. Wiley and the DEAL Operating Entity agree to work continuously together to define how cases ofmultiple Corresponding Authors or Corresponding Authors with multiple affiliations will be handled. Where
eligibility remains unclear due to lack of information with respect to which author is the primary Corresponding
Author or which institution is the primary affiliation of this author, the parties will seek to reach a joint
deterrnination using a good faith analysis ofthe existing inforrnation. Tfthe parties cannot agree on the primary
Corresponding Author or on the primary Affiliation, a mutually agreed upon random selection mechanism will beapplied to resolve the issue.
For articles in Hybrid Journals that turn out tobe entitled under this Agreement but have not been identified andprocessed accordingly, the DEAL Operating Entity reserves the right to request that these articles will be madeopen access even after their initial date of publication. This means that the license type will have to be changed toa Creative Commons license and the version ofrecord will have tobe updated accordingly, following thespecifications in Section 2 below. This provision is essential to make sure that a maximum number of entitledpapers will get processed duly under the terrns of this Agreement. In the event that Gerrnan Corresponding
Authors do not identify themselves sufficiently in Wiley's author systems, Wiley and the DEAL Operating Entity
will undertake an analysis of these articles to understand why this is the case, and if both parties agree that theprocess was clear but disregarded by the author, Wiley might not be required in all cases to retrospectively makethese articles open access and such articles would not be counted toward the total open access articles. These
cases will be reviewed on an ongoing basis so that the process can be enhanced to be clearer to authors, so that the
DEAL Operating Entity rnight institute a separate communication strategy to researchers across all institutions if
necessaiy, and so that the spirit of this Agreement is upheld.
2. Wiley's Obligations

In consideration ofthe payments listed in Appendix E and subject to the terrns and conditions ofthis Agreement,commencing July 1, 2019 (unless otherwise stated below) and continuing through the Terrn ofthis Agreement,
Wiley shall:
2.1
Notcharge authors or their institutions an APC for any eligible article submitted by a Corresponding
Author that is accepted for publication in a Hybrid or Gold Journal as long as such Corresponding Author
follows Wiley's workflows as set forth below. Eligible articles types are primary research papers andreviews . Other articles types are excluded from this Agreement.
2.2 Implement workflows that identify and offer open access in Hybrid and Gold Journals at no additional costto all eligible Corresponding Authors who are identified through one or a combination ofthe following
parameters (or others as appropriate):
IP ranges specified by Member Institutions; and/or
E-mail domain defined by Member Institutions; and/or
Providing an affiliation (address inforrnation) to a Member Institution in the manuscript submission
system ofthe journal, or Wiley's production system/Wiley Author Services, that is selected
appropriately from a standardized !ist of institutions within these systems such that an accurate
match can be made to the correct Member Institution.
Wiley will make every effort to present match alternative spellings of institution names with thecorrect Member Institution, but it is possible that affiliated authors will not see the correct open
access options available to them if they do not end up selecting the correct Member Institution fromthe standardized list.
For Gold Journals, Corresponding Authors will be asked a question about payment ofthe article
publication charge and will be instructed to select their Member Institution from a !ist and enter it
into the manuscript submission system of the journal.
2.3 Include the Member Institutions in Wiley's Author Services site for all Hybrid and Gold Journals as an
institutional account holder;
2.4 Provide a link for each Member Institution on the Tnstitutional Account List on Wiley Online Library to the65

Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND license

2.5

2.6

2. 7

2.8

2.9

Member Institution;
Within five business days of execution ofthis Agreement through June 30, 2019, provide access for the
DEAL Operating Entity to a central Wiley Open Access Account that provides access to information about
articles in Gold Journals with transactional data related to those articles, but not separated out at the level ofeach Member Institution. Wiley will enable the DEAL Operating Entity access to administrative interaction
to approve or deny requests for individual articles as they are subrnitted for consideration for acceptance in
the Gold Journal and to provide notes to the Wiley Open Access team within the Wiley Open AccessAccount Dashboard.
From July 1, 20 19, provide access for the DEAL Operating Entity and each Member Institution to a Wiley
Open Access Account that provides access to information about all articles in Hybrid and Gold Journals forwhich open access has been requested by their Corresponding Authors and transactional data related tothose articles. Conforming to the consortia structure ofthe DEAL Operating Entity and this Agreement,
Wiley will work to implement a consortia-level view to enable the DEAL Operating Entity administrativeinteraction with the Wiley Open Access Account Dashboard on the aggregate overall DEAL Operating
Entity level by December 31, 2019. Wiley will enable the DEAL Operating Entity access to administrativeinteraction to approve or deny requests for individual articles to be made open access and to provide notes
to the Wiley Open Access team on the level of each Member Institution within the Wiley Open AccessAccount Dashboard.
Ensme that the Member Institution under which the eligible C01Tesponding Author publishes will be statedas the corresponding address and as one ofthe affiliations in the published article. Wiley agrees to makecorrections to the stated affiliations if any errors of omission are discovered in the published article.
Endeavor to introduce a workflow to enable labeling all open access articles in Hybrid and Gold Journals
published under this Agreement as made possible through Projekt DEAL in the paper itself(e.g. a footnote
in the version ofrecord shall state "Open access provided through Projekt DEAL"). This enabling note canbe adjusted with the consent ofthe DEAL Operating Entity. Until a proper workflow can be implemented
during the Term ofthe Agreement, authors can include this statement in the acknowledgements section of
the article (at the subrnission stage for Gold Journalsand at the proofing stage for Hybrid Journals), andWiley and the DEAL Operating Entity will work together to deterrnine an appropriate mechanism tocommunicate this instruction to authors.
Deli ver article metadata including open access license information to CrossRef and other relevant parties.
The following fields of CrossRef's format (https://github.com/CrossRef/rest-apidoc/blob/master/api_format.md) shall be included:- publisher- title- original-title-DOI-member-type- accepted- container-title-volume- page- article-number- published-print- published-online-ISSN- license (incl. content-version "vor")- author (incl. ORCID if applicable and affiliation)
Not all ofthese fields are available for every article, these will be included whenever they are available andas part ofthe standard metadata Wiley sends to CrossRef.
2.10 Provide updates on Hybrid and Gold Journals eligible under this Agreement.
2.11 Endeavor to introduce a workflow within the Term ofthe Agreement to provide the DEAL Operating
Entity with the final versions ofpublished aiticles (pdffull -text and xml metadata) published open access
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Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND licenseunder this Agreement within a timeframe to be mutually agreed by Wiley and the DEAL Operating Entity
after first publication and/or push full-texts to a central reposito1y designated by the DEAL Operating
Entity via FTP (ftp, ftps, sftp) or SWORD 1.3 protocol or another technical solution tobe mutually agreed
to accomplish that articles end up in a central repository.

3. Editorial lndependence
Nothing herein shall oblige Wiley to publish any article submitted to Wiley by a Corresponding Author. The
Customer acknowledges that the selection of material to be published in the Hybrid and Gold Journals is entirely
at the discretion ofWiley/the editors ofthe joumals and the Customer waives any claim it may have against
Wiley in the event that Wiley or the joumal editors refuse or decline to publish any material (or part thereof)
submitted by a Corresponding Author.

4. Terms of Publication
Wiley will notify the administrator for the DEAL Operating Entity or the Member Institution as applicable once
an article by an eligible Corresponding Author has been accepted and is about tobe published in a Hybrid Journal
under the terms of this Agreement. The administrator will validate eligibility promptly to ensure timely
production and publication ofthe article. Ifthe administrator requires more than five (5) business days to approveor reject the eligibility ofthe article, he/she will infonn Wiley about the delay. In order to ensure timely
production and publication of articles, articles will continue the production process while eligibility is being
determined.
For Gold Journals, Wiley will notify the administrator for the DEAL Operating Entity or the Member Institution
once an article by an eligible Corresponding Author has been submitted for consideration so that the administrator
can validate the eligibility ofthe article tobe published under the terms ofthis Agreement should the article besubsequently accepted for publication.
Before any material submitted by a Corresponding Author will be accepted for publication, Wiley must receive
the applicable publishing agreement for the joumal signed by the right holder{s) ofthe article.

5. Reporting
Commencing July 1, 2019 and continuing through the Term ofthis Agreement, Wiley shall :Provide article reports (e.g. lists of accepted and published articles) to the DEAL Operating Entity on asemi-annual basis. Wiley will endeavor to implement automated on-demand reporting during the Term of
the Agreement.
5 .2 Provide the DEAL Operating Entity with annual reports of the total number of articles accepted in a Hybrid
or Gold J oumal under the terms of this Agreement. These reports shall be provided both in machine (e.g.
csv) and in human readable format and shall include the following details:
Name of joumal
DOI of article or, if unavailable, appropriate bibliographic metadata
Corresponding Author
Member Institution
Publication Date
Acceptance Date (or the Wiley Received Date ifthe Acceptance Date is not in the metadata)
Open Access status of paper
5.3 With respect to Angewandte Chemie, Wiley will provide the number of German and English language
Accepted Articles annually.
5.4 Report annually on authors who were offered the right to publish under this Agreement but declined.
5 .4 These annual reports shall be provided by Wiley no later than Januaiy 31 and constitute one of the key
factors used in calculating the True-Up as defined in Appendix E.
5.1

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Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND license•APPENDIX D - ACCESS PRIVILEGESACCESS

Wiley grants to the Member Institutions who have signed the Sign-Up Letter and its Authorized Users the right toaccess the Licensed Electronic Products on the terms set forth herein.
Definitions"Authorized Users" are those persons who are authorized by the Member Institutions to have access to Wiley
Online Library. Authorized Users must be cmTent bona fide faculty members, students, researchers, visiting
research staff, staff members, librarians, registered library users, scientific staff, other executives or employees ofa Member Institution, or contractors engaged by a Member Institution, provided such contractors have been
informed of, and agree to abide by, the Terms and Conditions ofUse set forth herein and they access Wiley
Online Library via the Member Institution's Secure Network. Alumni do not constitute Authorized Users.
Employees or staff members from a legally independent organization outside the Member Institutions are notincluded in the definition of Authorized Users, even though the DEAL Operating Entity or a Member Institution
might have a contractual relation to this organization. Walk-in Users from the general public or business invitees
may be permitted by a Member Institution to access Wiley Online Library from designated terminals with theMember Institution-controlled Secure Network. These designated terminals shall be physically located in libra1ies
or similar physical premises directly controlled by the Member Institution.
"Dark Archive" the aggregation ofLicensed Electronic Products provided by Wiley to the Dark Archive
Responsible Entity for access by the Customer and its Authorized Users solely in the event of a Trigger Event 011
the terms and conditions provided herein.
"Dark Archive Responsible Entity" a mutually agreed upon entity that has sufficient infrastructure, capabilities
and reputation such as Max Planck Gesellschaft zur Förderung der Wissenschaften e.V., the Bayerische
Staatsbibliothek or the Technische Informationsbibliothek. Prior to receiving the Dark Archive, the Dark Archive
Responsible Entity must agree to the terms and conditions regarding the Dark Archive provided herein.
"Licensed Electronic Products" is Wiley's Database which will comprise all subscription-based or hybrid
journal titles including supplementary materials published on Wiley Online Library (or any successor platform)
including titles previously excluded from collections, transfer titles and newly launched joumals. The complete
list oftitles included for 2019 in the Database is available at
http://media.wiley.com/assets/7309/27/Database Model Journal List.pdfwhich may be updated from time totime. Wiley will provide the DEAL Operating Entity annually with a complete !ist oftitles for the respective
contract year in machine readable forrnat.
"Trigger Event" (a) if Wiley makes a general assignment for the benefit of creditors, or files a voluntary
petition in bankruptcy or for reorganization or rearrangement under the bankruptcy laws, or if a petition inbankruptcy is filed against it and is not dismissed within 60 days after the filing, or if a receiver or trustee isappointed for the property or assets ofWiley or an equivalent or similar event or proceeding occurs in any
jurisdiction, or ceases its scholarly publication operations; or (b) downtime ofWiley's platform and/or a total
loss of access by the Customer to the Licensed Electronic Products for at least 30 days.

During the Term ofthis Agreement, Wiley will provide the Member Institutions and their Authorized Users with
online access to the Licensed Electronic Products published during the Agreement Term as well as retrospective
content, generally back to 1997 (depending on the start date of online publishing by Wiley) as well as tables ofcontent, abstracts, füll text and illustrations in the joumals, but not materials included in Backfiles. Upon
expiration or termination ofthis Agreement, Wiley will provide the Member Institutions and their Authorized

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Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND license,

Users with ongoing, perpetual access to such same Licensed Electronic Products published during the Agreement
Tenn as weil as retrospective content, as per the above via Wiley Online Library (or any successor or equivalent
thereto) in the fonnat originally published on the Tenns and Conditions ofUse set forthin Appendix D.
Wiley will make reasonable effo1ts to ensure unintem1pted online access to and continuous availability of theLicensed Electronic Products to Authorized Users in accordance with this Agreement, and to restore access tosuch Licensed Electronic Products as promptly as possible in the event of an intem1ption or suspension of the
Wiley Online Library service which is not attributable to any third-party service provider over which Wiley has
no control (e.g., an Internet or telecommunications service provider). Authorized Users may arcbive articles
contained in the Licensed Electronic Products for their own use.
Dark Archive

Subject to the terms ofthis Agreement, Wiley undertakes to provide the Dark Archive Responsible Entity with a
Dark Archive ofthe Licensed Electronic Products for access by the Member lnstitutions and their Authorized Users
subject to the following tenns and conditions:
1.

If there is a Trigger Event, Wiley grants the Member Institutions and their Authorized Users the nonexclusive, non-transferable right to access the Licensed Electronic Products in the Dark Archive via the Dark
Archive Responsible Entity's Secure Network or a third party Secure Network commissioned by the Dark
Archive Responsible Entity (subject to the approval of such third party by Wiley and provide that the Dark
Archive Responsible Entity rernains responsible for perfonnance), subject to the tenns ofthis Agreement. In
the event of a Trigger Event under section (b) of the definition tbat lasts 30 days or more, the Dark Archive
Responsible Entity will provide aggregated usage statistics for the period of access to Wiley.

ii.

Such use of and access to the Dark Archive must be deactivated as soon as technically possible on
resumption of stable access to Wiley Online Library.

111.

Except as provided herein, the Dark Archive must be kept completely dark, i.e. unavailable to the Customer,
its Authorized Users and all others, other than for purposes of long-tenn preservation and routine checking ofdata and system integrity.

Reporting

Each Member Institution will have access to its own usage statistics, which are compliant with COUNTER Codesof Practice or confonn to the then-prevailing industry Standard, about tbe use ofthe Licensed Electronic Productsby the Member Institution's Authorized Users, consistent witb applicable privacy laws and confidentiality
requirements. Tbe parties will work togetber to provide to the DEAL Operating Entity aggregate usage statistics
on the DEAL Operating Entity level with sub-accounts with usage statistics for each Member Institution
consistent with above.
Wiley will deliver on a periodic basis (tobe mutually agreed by the parties) an industry-standard KBART
metadata file relating to the Licensed Electronic Products to the DEAL Operating Entity by FTP data feed or by
any other means agreed to by the parties. The DEAL Operating Entity and the Member Institution may load andfonnat the metadata onto their server to enable indexing of, access to and use ofthe Licensed Electronic Productsby the DEAL Operating Entity, the Member Institution, and tbe Authorized Users througb the DEAL Operating
Entity 's or the Member Institution ' s Secure N etwork solely for the purpose of enbanced navigation by Authorized
Users. The DEAL Operating Entity and the Member Institution may load the metadata to a secure third-party
server provided that the DEAL Operating Entity or the Member Institution is contractually responsible for thetbird party, and that the metadata may only be accessed by Authorized Users.

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Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND license

Terms and Conditions ofUse

By providing such access Wiley grants to the Authorized Users a non-exclusive, royalty-free perpetual license
to use such material in accordance with the following Terms and Conditions ofUse, which restrictions shallsurvive any expiration or termination of the Agreement.
1.
All Authorized Users are bound by the Terms ofUse which are available athttps://onlinelibrary.wiley.com/terms-and-conditions and which are part ofthis Agreement, Wiley
reserves the right to modify these Terms ofUse from time to time. Wiley will use reasonable efforts to
notify the DEAL Operating Entity of any modifications in advance. Should major concems withmodifications arise, the Advisory Board shall review the case.

In addition, the rights and restrictions goveming access to Wiley Online Library and the Licensed
Electronic Products by the Customer and its Authorized Users are outlined below.
(a)Authorized Users may download, search, retrieve, display and view, copy and save to asecure network and store or print out single copies of individual articles, chapters or entries in the
Licensed Electronic Products for the Authorized User's own personal use, scholarly, educationalor scientific research or intemal business use. Authorized Users may also transmit such material
to a third-party colleague in hard copy or electronically, for personal use or scholarly,
educational, or scientific research or professional use but in no case for re-sale, systematic
distribution, e.g. posting on a listserv, network (including distribution through social networking
websites and scholarly collaboration networks, except for those that have agreed to Wiley's
Article Sharing Policy found here: https://onlinelibrary.wiley.com/researchers/toolsresources/article-sharing and solely in accordance therewith) or automated delivery, or for any
other use. In addition;Authorized Users have the right to use, with appropriate credit, figures,tables and brief excerpts from individual articles, chapters or other entries from the Licensed
Electronic Products in the Authorized User's own scientific, scholarly and educational works
such as books and articles.
(b)
All Authorized Users have the option to create a My Profile Page which will allow themto create data files and links to articles, chapters and entries of interest in the Licensed Electronic
Products, and search criteria which may be reused by them. In order to do so, the Authorized User
will have to select and register a user name and password which the Authorized User must keep
confidential and not disclose to or share with anyone eise.
(c)Authorized Users who are members of a Member Institution' s faculty or staff may
download and print out multiple copies of material from Licensed Electronic Products for the
purpose ofmaking a multi-source collection ofinformation for classroom use (course-pack) or avirtual leaming environment, to be distributed to students at the Member Institution free of charge
or at a cost-based fee. Material from Licensed Electronic Products may also be stored inelectronic format in secure electronic data files for access by Authorized Users who are students
at a Member Institution, as part oftheir course work, so long as reasonable access control
methods are employed such as user name and password.
(d) Authorized Users who wish to text and data rnine the Licensed Electronic Products for noncomrnercial purposes may do so by using the CrossRefText and Data Mining Service
http://tdmsupport.crossref.org/researchers/and consenting to Wiley's Text and Data Mining
Agreement at http://olabout.wiley.com/WiieyCDA/Section/id-826542.html.
2.
Except as provided in Section 1(a), 1(c) and 1(d) above or with respect to material published on
an open access basis, the Customer and Authorized Users may not copy, distribute, transmit or otherwise
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Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND licensereproduce, sell, or resell material from the Licensed Electronic Products; store such material in any formor medium in a retrieval system, institutional or other repository; or transmit such material, directly or
indirectly, for use in any paid service such as document delivery or !ist serve, or for use by any
information brokerage or for systematic distribution, whether or not for commercial or non -profit use, orfor a fee or free of charge. Notwithstanding the above, the library staff of any Member Institution may
supply to another German library, upon request by that library, either a single paper copy (by post or fax)or an electronic copy of an individual document from the Licensed Electronic Products, for the purpose of
research or private study.
3.
The Customer acknowledges that the Licensed Electronic Products, Wiley Online Library and theintellectual property rights contained therein are protected by law. All rights not specifically Iicensed
herein to the Customer are expressly reserved by Wiley. The contents of Wiley Online Library and theLicensed Electronic Products are solely for the personal, non-commercial use ofthe Authorized Users.
The Customer and its Authorized Users may not remove, obscure or modify any copyright or proprietary
notices, author attribution or any disclaimer as they appear on Wiley Online Library. Authorized Users
may not integrate material from the Licensed Electronic Products with other material or otherwise create
derivative works in any medium. However, brief quotations for purposes of comment, criticism or similarscholarly purposes are permitted. No provision in this paragraph shall restrict the rights granted by
Creative Commons Licenses.
4.
Authorized Users may not do anything to restrict or inhibit any other Authorized User's access toor use of Wiley Online Library and the Licensed Electronic Products.
5.
If an Authorized User fails to abide by these Terms and Conditions ofUse or other terms ofthis
Agreement, or a Member Institution hosts user credentials that have been identified as abusive or
malicious, Wiley reserves the right in its sole discretion to suspend or terminate access to Wiley Online
Library and the Licensed Electronic Products by such user credentials or IP address(es) immediately
without notice, in addition to any other available remedies. Except in the case of a material breach which
Wiley deems dangerous to the integrity and security ofWiley Online Library, or for a breach which, ifnot
immediately remedied, is likely in Wiley's opinion to continue to cause damage, Wiley shall give priorwritten notice to the Member Institution of its intention to terminate such access and shall allow theMember Institution and/or the Authorized User as applicable 30 days after receipt of such notice to eurethe breach or agree to abide by the terms and conditions ofthis Agreement. The Member Institution shallnotify Wiley when malicious credentials associated with the abusive or malicious activity have been
remediated. Wiley shall immediately restore services upon notification that credentials associated with theabusive or malicious activity have been remediated.
6.

Each Member Institution shall:(a)take all reasonable measures to inform Authorized Users ofthe Terms and Conditions of
Use and to emphasize to such Authorized Users the need to comply with whatever restrictions onaccess, use, reproduction and transmission are included therein;(b)
make access available to Authorized Users only through each Member Institution's
Secure Network and either restricting to a designated IP-range or by using SAML authentication(if any Member Institutions are using IP authentication, the parties will use all best efforts totransition such Member Institutions (with guidance from Wiley) to SAML authentication within atimeframe agreed upon by the Advisory Group and, if a more effective authentication method
becomes available, the parties will encourage the Member Institutions to use all commerciallyreasonable efforts to transition to it, if mutually agreed upon and in accordance with a timeframe
agreed upon by the Advis01y Group) ("Secure Network"); ensure that information on their IP
ranges or SAML configuration is kept up-to-date in the content management system for Germany
national licenses or to continuously update this information by other means; undertake reasonable
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Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND licensemeasures within its control to prevent access to and improper use of the Licensed Electronic
Products and Wiley Online Library by unauthorized persons including without limitation using
the most current patches, regularly scanning the Secure Network for vulnerabilities, and regularly
monitoring the proxy logs for unauthorized user access (such as multiple logins using the same id,high volume downloads, and tracking/blocking automated traffic); and take responsibility for
remediating all issues uncovered and for terrninating any unauthorized access of which it has
actual notice or knowledge;(c)
use all reasonable efforts to monitor compliance with the Terms and Conditions ofUseand promptly notify Wiley of any copyright infringement or unauthorized usage of the Licensed
Electronic Products which comes to the Member Institution's attention; and cooperate fully with
Wiley in the investigation of such infringement or unauthorized use and in any action which
Wiley takes to enforce its intellectual property rights, at Wiley's expense. Notwithstanding theabove, the Customer shall not be responsible for such unauthorized use which is without theexpress or implied consent ofthe Member Institution, provided that the Member Institution has
taken reasonable steps to prevent such misuse and, upon leaming of it, uses all reasonable efforts
to ensure that such activity ceases, and notifies Wiley promptly of any such breach or
infringement.
7. The DEAL Operating Entity shall use best efforts to ensure compliance by the Member Institutions ofall oftheterms of this agreement and shall in form Wiley immediately if it has knowledge of a breach of the terrns of thisAgreement. Nothing in this Agreement shall make the DEAL Operating Entity liable for breach of the tenns of
this Agreement by any Member Institution or their Authorized Users provided that the DEAL Operating Entity
did not cause, knowingly assist or condone the continuation of such breach after becoming aware of an actual
breach having occurred.
8. Wiley shall have the right to request a Member Institution to terrninate access to Wiley Online Library by an
Authorized User who breaches Wiley's Terms and Conditions ofUse or infringes the copyright or otherintellectual property rights in the Licensed Electronic Products or Wiley Online Library.

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Made available under a CC-BY-ND licenseAPPENDIX E - PRICING AND INVOICING

Pricing
Publish and Read Fee

The amount paid for publishing in Hybrid Journals and access to the Licensed Electronic Products for the period
from July 1, 2019 until the end ofthe Term will be the actual number of Accepted Articles in Wiley Hybrid
Journals during such period multiplied by the per article publish and read fee of€2,750 (the "Publish and Read
Fee"). Given that open access publication in Hybrid Journals under this Agreement will not commence until July
1, 2019, the DEAL Operating Entity shall pay Wiley an interim read fee of €12,512,067 for the period fromJanuary I to June 30,2019 (the "Interim Read Fee").
Commencing in July 1, 2019, the number of Accepted Articles in Wiley Hybrid Journals will be determined by
the workflows and will be set forthin the reports described in Section 5 of Appendix C. Thereby, German
language articles in the German version of Angewandte Chemieare counted half (the "German Language
Additional Articles"), rounded offto a füll number. For the sake of clarity, English language articles in the
Angewandte Chemie International Edition count in füll. Each article will only be paid for once, so ifWiley
receives a payment for publication of an article from a source other than the DEAL Operating Entity, the article isremoved from the count. Ifthe total number of Accepted Articles (including the German Language Additional
Articles) in 2020 or 2021 is lower than the amount equal to twice the actual number of Accepted Articles in the
period from July 1, 2019 to December 31, 2019 (the "Baseline Count"), such number will be replaced by theBaseline Count for purpose of calculating the total Publish and Read Fee for such year(s). To ensure the numberof Accepted Articles does not drop below the Baseline Count because ofworkflow errors caused by Wiley,
including those that may have been caused by workflow changes, Wiley undertakes to consult with the DEAL
Operating Entity before introducing any workflow changes and regarding any issues identified in the workflow,
as a result of such changes or otherwise. Additionally, should the parties notice any negative change in
identification rates because of a workflow error, Wiley undertakes both to fix the issue and make affected articles
open access retrospectively until such time as the fix has been completed.
Publish and Read Payment Schedule
Based on extensive fact-based research, the parties have forecasted the number of Accepted Articles in Wiley
Hybrid Journals for 2019 to be 9500. Payments consist of advance payments, corrections of advance payments
based on prior year's actual count including the German Language Additional Articles (or the Baseline Count if
applicable) times the Publish and Read Fee ("Advance True-Ups") and payments to bring the total to the actual
amount of Accepted Articles in Hybrid Journals including the German Language Additional Articles (or the
Baseline Count if applicable) times the Publish and Read Fee {"True-Ups").
Date of invoice
Execution ofcontract
Execution ofcontract
November 2019

AdvanceFebruary 2020

True-UpF ebruary 2020

Advance TrueUp
AdvanceNovember 2020

Type ofpayment
Interim read fee

Period covered
To 30 June 2019

Arnount or calculation€12,512,067

Advance

1 July 2019 to 31
Dec 2019
1Jan2020to31
Dec 2020
l July 2019 to 31
Dec 2019
1 Jan 2020 to 31
Dec 2020
1 Jan 2021 to 31
Dec 2021€13,062,500 (9,500 articles times €2,750 Publish
and Read Fee times 6/ 12)€26,125,000 (9,500 articles times €2,750 Publish
and Read Fee)
Determined by final 2019 validated article count
Determined by final 2019 validated article count
Determined by final 2019 validated article count73

Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND licenseFebruary 2021

True-Up

February 2021

Advance TrueUp
True-Up

February 2022

1 Jan 2020 to 31
Dec 2020
1 Jan 2021 to 31
Dec 2021
1 Jan 202lto 31
Dec 2021

Determined by final 2020 validated article countor the Baseline Count, whichever is greater
Determined by final 2020 validated article countor the Baseline Count, whichever is greater
Determined by final 2021 validated article countor the Baseline Count, whichever is greater

Upon tem1ination ofthis Agreement, the parties will create a final report as described in Section 5 of Appendix C
and apply the article Baseline Count on a pro rata basis and do a True-Up.
Gold Journals

The fees for publications in Goldjournals are based on Wiley's !ist prices, with a 20% discount for all
Corresponding Authors from Member Institutions. As a deposit against fees for publications in Gold joumals, the
DEAL Operating Entity shall pay €200,000 (the "Baseline Deposit Amount"). Whenever the deposit accountdrops below €50,000, Wiley will invoice the DEAL Operating Entity for the amount necessary to restore theBaseline Deposit Amount. Upon expiration or termination ofthis Agreement, Wiley will refund any unused
amounts remaining.
Consolidated Access Fee

To reflect additional value delivered and services to support the transformation towards Open Access and OpenScience, including the perpetual access rights for archival content granted hereunder to all Member Institutions,the DEAL Operating Entity shall pay Wiley €2,000,000 upon execution ofthe Agreement.
Print Subscription Pricing

Member Institutions may purchase print subscriptions to Licensed Electronic Products at a discounted rate, ifthey
had an equivalent term in their previous contract with Wiley. The rate will be as set forthin such previous
contract. Print subscriptions may be ordered directly via the Wiley Customer Services department or through anagent.
Payment Terms

All invoices are tobe paid, including where required by law, any applicable taxes on such amounts, by the DEAL
Operating Entity within 30 days of the invoice date except with respect to the invoices sent upon execution of theAgreement which the DEAL Operating Entity shall pay by no later than January 31, 2019. When paying an
invoice, the DEAL Operating Entity shall not be entitled to invoke any discount, deduction, compensation, or
postponement whatsoever other than as expressly provided for in this Agreement.

74

Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND licenseAPPENDIX F - MEMBER INSTITUTIONS LIST SIGN-UP LETTER

The parties will mutually agree on the Sign-Up Letter tobe sent to each Member Institution. Such Sign-Up
Letters must include all terms required by Wiley, including without limitation the rights and obligations of theMember Institutions set forthin Sections l(a)-(c), 2, 4(b), 6(a), 7, 8(a), 9, 10, Appendix C and Appendix Das
Wiley deems applicable, as weil as the Member Institution's SAML configuration or IP-ranges . The parties may
agree to amend the template Sign-Up Letter or to customize it for a particular Member Institution.

75

Publish and Access Agreement, Projekt DEAL and Wiley, 15 January 2019
Made available under a CC-BY-ND license