Endocrine Society--license terms

[Donnice Cochenour <dcocheno@manta.library.ColoState.EDU>]

Has anyone successfully negotiated the deletion/modification of the
following two clauses from The Endocrine Society's online Institutional
License Agreement?  This is a available on HighWire and is an unusual
license for publications available on that site.  I contacted the Society
several months ago but haven't been able to get any response.

9.c.You agree to hold harmless and indemnify the Journal, the Editors, the
Association, the Publisher and its agents, and the contributors to the
Journal, against any liability for any claims and expenses, including
reasonable attorney's fees, relating to any violation of the terms of this
License.

9.d.This License shall be governed by the laws of the State of Maryland
applicable to agreements wholly made and performed in Maryland. In the
event that you believe you have been irreparably harmed by any cause of
action relating to this Journal, you agree to inform the Publisher in
writing and grant the Publisher thirty (30) days to cure the harm before
initiating any action. Any legal action, suit or proceeding arising out of
or relating to this Agreement or a breach thereof, shall be instituted in
a court of competent jurisdiction in Montgomery County, Maryland, and you
hereby consent and submit to personal jurisdiction of such court, waive
any objection to venue in such court and consent to service of process by
overnight courier or express mail at your last known address. Any cause of
action initiated by you must be initiated within one (1) year after the
claim or cause of action has arisen or be barred.

Thanks,
Donnice

--
Donnice Cochenour
Serials Librarian
Colorado State University Libraries
Fort Collins, CO 80523-1019
voice: (970) 491-1821
fax: (970) 491-4611
dcocheno@manta.colostate.edu