RE: Informing users of terms

["DuBose, Stefanie" <DUBOSES@MAIL.ECU.EDU>]

John,

That's interesting.  I've never struck that wording because, honestly,
I've never thought about it.  At some point later in the semester, I'm
going to try to come up with a webpage that informs users of terms, but as
you note below, we also need to look at how to present it to ALL users.  
I'd be interested in other comments as well.  I think that "reasonable and
common efforts" would indeed be what you've developed but without
guidelines it's hard to say whether the publisher/vendor would agree.

What would be the chances of the vendor changing the wording of the
negotiated license?  Wouldn't the vendor then be somehow responsible,
legally, for altering an agreed upon binding contract?


Stefanie DuBose
Collection Development/Serials Librarian
Joyner Library
East Carolina University
Greenville, NC 27858-4353
(p)252-328-2598
(f)252-328-4834 
duboses@mail.ecu.edu
The views expressed are my own and do not necessarily represent those of
either Joyner Library or East Carolina University.

-----Original Message-----
From: John P. Abbott [mailto:AbbottJP@conrad.appstate.edu]
Sent: Tuesday, February 20, 2001 6:31 PM
To: Liblicense
Subject: Informing users of terms

How do you meet the stipulation in many online product licenses to 

"...use reasonable and common efforts to inform Authorized Users of the
the terms and conditions for use of the product consistent with this
License."  [or similar]

I am sending back two licenses with that wording struck because I have no
means to do this given the varieties of access used by our Authorized
users. An obvious example is the faculty member coming in from home via
the secure proxy server (provides a valid IP) who connects directly to the
vendor's url.  Even if we have a splash screen with the license text
between the link on our site and the vendor, most users will bookmark the
vendor's site and never pass through our link.  Students in campus
computer labs are another example.

What I fear is that vendors will put a click-through on their site which
will NOT be the language we negotiated, but instead will be there standard
text.

Ideas?

-- 
John P. Abbott

Coordinator, Collection Development
University Library
Appalachian State University
325 College Avenue
Boone, NC  28608

828-262-2821
828-262-3001 (fax)
abbottjp@appstate.edu