Re: manifest assent & which version?

[Michele Newberry <fclmin@nersp.nerdc.ufl.edu>]

Maybe you need another section that reads:

"Notice of Terms of "Manifest Assent" License Terms.  In the event that
Licensor presumes Authorized Users agree to terms relating to the use of
the Licensed Materials that are hidden about the Licensor's website to the
Licensed Materials (commonly referred to as "manifest assent" licenses),
Licensor shall provide Licensee with notice of and an opportunity to
comment on such terms prior to their implementation.  In no event shall
the terms of such "manifest assent" licenses materially differ from the
provisions of this Agreement.  In the event of any conflict between the
terms of such "manifest assent" licenses and this Agreement, the terms of
this Agreement shall prevail."

Ann Okerson wrote:

> The LIBLICENSE project is working on a model academic library license that
> is up on the web site (www.library.yale.edu/~llicense/index.shtml) but not
> formally announced, becasue it needs a little more revision first.
> Apropos of this discussion, the draft model license reads as follows, and
> we hope that this language will be useful as possible boilerplate for
> library customers:
>
> "Notice of Terms of "Click-Through" License Terms.  In the event that
> Licensor requires Authorized Users to agree to terms relating to the use of
> the Licensed Materials before permitting Authorized Users to gain access to
> the Licensed Materials (commonly referred to as "click-through" licenses),
> Licensor shall provide Licensee with notice of and an opportunity to comment
> on such terms prior to their implementation.  In no event shall the terms of
> such "click-through" licenses materially differ from the provisions of this
> Agreement.  In the event of any conflict between the terms of such
> "click-through" licenses and this Agreement, the terms of this Agreement
> shall prevail."
>
> Ann Okerson
> Yale University Library
> ann.okerson@yale.edu

Michele Newberry
Florida Center for Library Automation
fclmin@ufl.edu