Re: Unacceptable license terms

["John Cox" <John.E.Cox@btinternet.com>]

The effect of the CDL clauses quoted by Michael Rancer are very similar in
effect to the warranties and indeminities set out in the model licenses on
www.licensingmodels.com.

Take a look at them, and let me know if there are any significant
differences of substance.

John Cox

-----Original Message-----
From: Michael Rancer <mrancer@library.berkeley.edu>
To: liblicense-l@lists.yale.edu <liblicense-l@lists.yale.edu>; Electronic
Content Licensing Discussion <liblicense-l@lists.yale.edu>
Date: 03 June 2000 07:37
Subject: Re: Unacceptable license terms


>With apologies to my colleagues at the California Digital Library, here is
>the standard language in CDL licenses.  I should note that if a vendor
>will not accept this, I am willing to sign a license with no
>indemnification clause at all.  I just won't accept vendor language that
>favors them.
>
>I also suggest that people take a look at the generic language in Yale's
>"Liblicense" program.  Ann Okerson captured some very useful concepts
>there as well.
>
>Michael Rancer
>University of California, Berkeley
>======================
>
>The Licensor shall indemnify and hold Licensee and Authorized Users
>harmless for any losses, claims, damages, awards, penalties, or injuries
>incurred, including reasonable attorney's fees, which arise from any claim
>by any third party of an alleged infringement of copyright or any other
>property right arising out of the use of the Licensed Materials by the
>Licensee or any Authorized User. NO LIMITATION OF LIABILITY SET FORTH
>ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS INDEMNIFICATION.
>
>Each party shall indemnify and hold the other harmless for any losses,
>claims, damages, awards, penalties, or injuries incurred, including
>reasonable attorney's fees, which arise from any alleged breach of such
>indemnifying party's representations and warranties made under this
>Agreement, provided that the indemnifying party is promptly notified of
>any such claims.
>
>The indemnifying party shall have the right to defend such claims at its
>own expense.  The other party shall provide assistance in investigating
>and defending such claims as the indemnifying party may reasonably request
>and have the right to participate in the defense at its own expense.