Re: Control of concurrent users

["Diane Frake" <DFRAKE@vermontlaw.edu>]

Ros, it certainly is impossible to enforce this clause.  What is
"reasonable"? You always have the option of crossing out an offending
provision or �sking the publisher to take it out.

Watch out for those indemnity clauses!.......

Diane Frake
Associate Director
Julien and Virginia Cornell Library
vermont Law School

_____
>>> M.R.Doig@derby.ac.uk 03/23/00 10:47PM >>>
Dear All

With reference to my query of a few weeks ago, there is a clause in the
license in question which states 'subscriber shall use all reasonable
endeavours to restrict and control all use of the data bases.'

Unfortunately it seems that the supplier of the database cannot themselves
control the number of users! We here cannot control numbers of concurrent
users on web-based databases etc. We have several hundred PCs on 5 sites!!
I feel the onus is on suppliers to restrict use, not ourselves. It would
also seem to make a mockery of their clause which allows them to audit
use. If they can't control the users , audit would be difficult especially
at a distance.

Since we only really want one user but the minimum is three , we find the
supplier's solution to charge us double for unlimited access totally
unacceptable.

Has anyone else come across this kind of thing and how did you deal with
it? I certainly can't sign the licence if control is our responsibility.
Thanks in advance for any advice.

Ros Doig
Serials and Interlending Librarian
University of Derby
Kedleston Rd
Derby DE22 1GB

Tel.    01332 622222 Ext.1204
Fax.    01332 622767
Email.  M.R.Doig@Derby.ac.uk