LICENSING AGREEMENTLICENCE AGREEMENT‘[Article title]’IN‘[NAME OF JOURNAL]’

RESERVE BANK OF AUSTRALIA
AND
WILEY
Reserve Bank of Australia
65 Martin Place
SydneyNew South Wales 2000, Australia

CONTENTS
1Interpretation

21.1
1.2
1.3

Definitions
Interpretation
Guidance on construction of this Agreement

222

2

Grant of Licence33

Acknowledgement, Association and Disclaimer

34

Negation of Employment, Partnership and Agency

35Default

36

Notices

47

Entire Agreement

48

Applicable Law

49

Dispute Resolution

49.1

Procedure for dispute resolution

4DateThis Agreement is dated theday of.

PartiesThis Agreement is made between and binds the following parties:
1. Reserve Bank of Australia (ABN 50008559486) of 65 Martin Place, Sydney, New South Wales 2000, Australia (the Licensor).
AND
2. The Wiley publishing entity identified as the Publisher of the Journal at the time of publication, being(select one):☐John Wiley & Sons Inc of 111 River Street, Hoboken, New Jersey, USA☐

John Wiley & Sons Ltd of The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ☐John Wiley & Sons Australia, Ltd ACN: 009 673 081 of Level 4, 600 Bourke Street,Melbourne, Victoria, 3000☐

Wiley VCH GmbH, Bochstr. 12, 69469, Weinheim Germany(the Licensee).

Hereinafter referred to as ‘the Parties’.

Context
This Agreement is made in the following context:
A. Reserve Bank of Australia is the sole owner of copyright subsisting in the work authored byB. entitledwhich is also known by its short title(the Work).

C. The Licensee is the publisher ofD. The Licensee wishes to publish the Work in the Journal.

(the Journal).

The parties agree as follows:

1Interpretation

1.1

Definitions

1.1.1

Unless the contrary intention appears, a term in bold type has the meaning shown opposite it:

Commencement Datemeans the date on which the Agreement is made.

Intellectual Property

includes:a. all copyright (including rights in relation to phonograms and broadcasts);b. all rights in relation to inventions, plant varieties, trademarks (includingservice marks), designs and circuit layouts; andc. all other rights resulting from intellectual activity in the industrial, scientific,
literary or artistic fields,
but does not include:
d. Moral Rights;
e. the rights of performers; orf. rights in relation to confidential information;

Material

includes documents, equipment or goods, and any medium whatsoever inwhich information is embodied.

Moral Rights

includes the following rights of an author of copyright Material:a. the right of attribution of authorship;b. the right of integrity of authorship; andc. the right not to have authorship falsely attributed;

1.2

Interpretation

1.2.1

In this Agreement, unless the contrary intention appears:
a. Words importing a gender include any other gender;b. Words in the singular include the plural and words in the plural include the singular;c. Clause headings are for convenient reference only and have no effect in limiting or extending thelanguage of provisions to which they refer;d. Words importing a person includes a partnership and a body whether corporate or otherwise;e. A reference to any legislation or legislative provision includes any statutory modification, substitution or re-enactment of that legislation or legislative provision;
f. If any word or phrase is given a defined meaning, any other part of speech or other grammaticalform of that work or phrase has a corresponding meaning;’
g. A reference to writing is a reference to any representation of words, figures or symbols, whether
or not in a visible form.

1.3

Guidance on construction of this Agreement

1.3.1

This Agreement records the entire agreement between the parties in relation to its subject matter.

1.3.2

A variation of this Agreement is binding only if agreed in writing and signed by the parties.

1.3.3

Any reading down or severance of a particular provision does not affect the other provisions of thisAgreement.

1.3.4

The terms of this Agreement apply on and from the Commencement Date.

1.3.5

A provision of this Agreement shall not be construed to the disadvantage of a party solely on thebasis that it proposed that provision.

2

Grant of Licence

2.1
2.2
2.3

The Licensor grants to the Licensee a permanent royalty-free, worldwide, non exclusive, licence toreproduce and publish the Work in the Journal in all media of expression now known or later developed and in all languages and to sub-licence third parties on the same terms as set out in this licence.
All rights not expressly granted to the Licensee are reserved to the Licensor.
The ownership of Intellectual Property in the Work shall, at all times, continue to vest in the Licensor.

3

Acknowledgement, Association and Disclaimer

3.1

The Journal incorporating the Work shall contain the following copyright notice, acknowledgment
and disclaimer (or such other form of notification as may be approved from time to time by the Licensor):© [YEAR] Reserve Bank of Australia
This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may
be reproduced without prior written permission. Requests and enquiries concerning reproduction
and rights should be directed in the first instance to Wiley - permissions@wiley.com; alternatively tothe Reserve Bank of Australia, 65 Martin Place, Sydney, New South Wales 2000, Australia.
The Work has been produced by Reserve Bank of Australia staff in the course of their employment
or engagement by the Reserve Bank of Australia. However, the views expressed in this version of thework do not necessarily represent the views of the Reserve Bank of Australia. The Reserve Bank ofAustralia does not give any warranty nor accept any liability in relation to the contents of this work.
The Licensee shall not represent that any views expressed in the Work, have any endorsement orapproval of the Reserve Bank of Australia.
The Licensee shall not, without prior written authorisation, use or apply any trade mark or logo ofthe Reserve Bank of Australia in relation to the Work.

3.2
3.3

4

Negation of Employment, Partnership and Agency

4.1
4.2

The Licensee shall not represent itself as being an officer, employee, partner or agent of the Licensor,or as otherwise able to bind or represent the Licensor.
The Licensee shall not, by virtue of this Agreement, be or for any purpose be deemed to be, an officer, employee, partner or agent of the Licensor, as a having any power or authority to bind or represent the Licensor.

5Default

5.1

If either Party is in default under this Agreement on account of the failure to perform or observe
any obligation or undertaking to be performed or observed on its part under this Agreement, theParty not in default may, subject to clause 5.2, by notice in writing to the other Party, terminate thisAgreement in whole or in part without prejudice to any right of action or remedy which has accruedor may accrue in favour of either Party.
Where the default is capable of being remedied, a Party shall not exercise its rights of termination
under clause 5.1 unless it has first given to the other Party notice in writing specifying the default
and requiring the other Party to remedy it within the time (being not less than 10 working days)
specified in the notice and the default is not remedied within the time allowed.
If the Licensee goes in to liquidation or a receiver or receiver and manager or mortgagee’s orchargee’s agent is appointed, the Licensor may, by notice in writing, terminate this Agreement without prejudice to any right of action or remedy which has accrued or which may accrue in favour ofeither Party.

5.2

5.3

6Notices

6.1

Any notice, request or other communication to be given or served pursuant to this Agreement shallbe in writing and dealt with as follows:a. If given by the Licensee to the Licensor – addressed and forwarded to the address indicated at thecommencement of this Agreement and marked to the attention of The Secretary with a copy sent tosecretary@rba.gov.au;b. If given by the Licensor to the Licensee – addressed and forwarded to the Licensee at the address
indicated at the commencement of this Agreement marked to the attention of EVP and GeneralCounsel, with a copy sent to legalnotices@wiley.com.
Any such notice, request or other communication shall be delivered by hand or sent by pre-paid security post to the address of the party to which it is sent.

6.2
6.3

Any notice, request or other communication will be deemed to be received:a. If delivered personally, on the date of delivery.
b. If sent by prepaid security post, on the day that the acknowledgment of delivery is completed bythe recipient.

7

Entire Agreement
This Agreement constitutes the entire agreement between the Parties and supersedes all communications, negotiations, arrangements and agreements, either oral or written, between the Parties withrespect to Intellectual Property in the Work.

8

Applicable Law

8.1

This Agreement shall be governed by and construed in accordance with the laws of Victoria.

9Dispute Resolution

9.1

Procedure for dispute resolution
a. the party claiming that there is a dispute will give the other party a notice setting out the natureof the dispute;b. within 7 Business Days each party will nominate a representative not having any prior involvementin the dispute;c. the representatives will try to settle the dispute by direct negotiation between them; andd. if a resolution is not reached within a further 28 Business Days the parties shall submit the disputeto arbitration in Victoria under the Commercial Arbitration Act 2011.

EXECUTED AS AN AGREEMENT
Signed for and on behalf of the Reserve Bank of Australia
by its Attorney under Power:
Signature:
By[Name]

Title
Signed for and on behalf of the Licensee
by its duly authorised representative:
Signature:
By
Title
Publication cannot proceed without a signed copy of this Agreement.

[Name]