RE: license for TLG on the Web

[John Ingram <jeingr@smathersnt2.uflib.ufl.edu>]

At the University of Florida, we have a license for the TLG CD-ROM product
which does not include either indemnification or venue of adjudication
clauses.  However, we are a state institution and also are prevented from
signing a license that includes either or both a third-party
indemnification clause or an adjudication venue other than Florida.  For
some license agreements, however, our counsel has agreed that we may omit
both types of clauses IF the licensor also agrees.  Such an approach is
not preferable, but does allow us to complete such a license and make the
db available to our clients.

John E. Ingram
Director for Collections
204 Library West
George A. Smathers Libraries
University of Florida
P.O. Box 117001
Gainesville, FL 32611-7001
Tel:  352-392-0342
Fax: 352-392-7251
Email: jeingr@mail.uflib.ufl.edu


-----Original Message-----
From: Cox, Bonnie [mailto:bjcox@email.uky.edu]
Sent: Tuesday, November 27, 2001 6:29 PM
To: 'liblicense-l@lists.yale.edu'
Subject: license for TLG on the Web


I have just started working with our license for the Thesaurus Linguae
Graecae on the Web to discover that they have both an indemnity clause and
a clause specifying adjudication under the laws of California. For us as a
state institution, both are deal breakers. The TLG staff inform me that
their legal counsel at California-Irvine say that they can't change either
clause.

Is this a total impasse or has someone worked this out to the satisfaction
of a state university office of legal counsel? I'm going to have some
pretty irate Classics faculty on my hands. Bonnie Cox

Bonnie Jean Cox
Electronic Resources/Licensing
University of Kentucky Libraries