Re: Endocrine Society--license terms

[Daniel Dollar <Daniel.Dollar@yale.edu>]

Donnice,

We were not successful in getting the Endocrine Society to modify their
license, but I did exchange several messages with a Suzanne Rosenzweig
(SROSENZWEIG@ENDO-SOCIETY.ORG).

Our negotiations died over sections 9c and 9d. Regarding the indemnity
clause, the Endocrine Society stated that since they would incur legal
fees over any change in the clause, there could be no changes allowed! As
for the other clause, Ms. Rosenzweig did not know about UCITA or that it
was law in the State of Maryland.

Ms Rosenzweig told me that she appreciated being educated about these
issues and would continue to raise Yale's concerns with appropriate
colleagues. That is where matters ended in January of this year.

I hope we have softened them up for you. Good Luck!

Daniel Dollar, MLS, AHIP
Reference and Digital Resources Librarian
Cushing/Whitney Medical Library, Yale School of Medicine
333 Cedar Street, P.O. Box 208014, New Haven, CT 06520-8014
voice: 203/785-2883, fax: 203/785-5636
daniel.dollar@yale.edu

____________--

At 04:35 PM 4/2/2002 -0500, you wrote:
>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 Cochenour
>Serials Librarian
>Colorado State University Libraries