Re: Re unacceptable license terms

[Victoria.Mitchell@directory.reed.edu (Victoria Mitchell)]

I am wondering if UC (see Michael Rancer's post below) or anyone else has
managed to negotiate a license agreement with the Canadian Mathematical
Society.  Their license contains a broad indemnity clause and jurisdiction
in the Province of Ottawa, Canada.  While the people there are very nice
and tried to be responsive to my requests, they have refused to amend
either one of those clauses, and informed me that the agreement has been
signed by other libraries in the U.S. and elsewhere.

Has anyone else been more successful with the CMS than I, or have any of
you just signed their agreement as is?

Victoria Mitchell
Reed College Library

--- Michael Rancer wrote:
I've been through about 100 licenses in the last 4 years.  No matter what
else I look out for, there are 3 items I will not accept under any
circumstances:

1.  An indemnity clause, other than standard University of California 
approved language.

2.  Responsibility for the actions of anyone other than a UC Berkeley 
Library employee.

3.  Jurisdiction outside the state of California.

These are non-negotiable and show-stoppers.  In these 4 years, I've only
had one vendor refuse to sign an amended license, and that was a
university press insisting on an indemnification clause.

We are the buyers, have a right to protect ourselves and should not forget
this aspect of the relationship.
--- end of quote ---