RE: OECD "terms"

["Peter Picerno" <ppicerno@nova.edu>]

"As many of you know, many US states' contract law/license provisions for
state entities often will not permit limited warrantys, waivers of
liability, etc. And the claim that paying for the paper subscription is
proves agreement with the terms is ludicrous. Such an outlandish claim
makes shrinkwrap look benign!"

Indeed!! I'm not sure that some state or university counsel would allow
subscription if those are legally enforcible terms. It seems that they're
trying to push the envelope as far as possible and the result may be that
they'll see a drop in subscriptions since a formerly 'benign' subscription
now seems to put the library, campus, and patrons in a possibly
compromised position. If your legal counsel indicates that this is an
untenable position, the options seem to be to try to negotiate out of the
limited warranty or to cancel subscription and explain why to your
patrons.

Peter Picerno


-----Original Message-----
From: owner-liblicense-l@lists.yale.edu
[mailto:owner-liblicense-l@lists.yale.edu]On Behalf Of Hamaker, Chuck
Sent: Thursday, September 26, 2002 7:00 PM
To: Liblicense-L (E-mail)
Subject: OECD "terms"

Has anyone negotiated these section below with OECD??

They state on their website they don't have a "license" but then have the
sections below in their "terms".

As many of you know, many US states' contract law/license provisions for
state entities often will not permit limited warrantys, waivers of
liability, etc. And the claim that paying for the paper subscription is
proves agreement with the terms is ludicrous. Such an outlandish claim
makes shrinkwrap look benign!

http://www.sourceoecd.org/data/cm/00000845/Terms11feb02.pdf

"Limited Warranty and Disclaimer of Warranty

The OECD does not warrant, guarantee or make any representations, either
expressly or implied, regarding, but not limited to, the correctness,
accuracy, reliability, currentness, merchantability, fitness of use for a
particular purpose, or otherwise, of the Works - they are supplied "as
is". The OECD shall not be liable for any direct, indirect, consequential
or incidental damages (including, without limitation, damages for loss of
business profits, business interruption, or loss of business information)
arising out of the use or inability to use the Works by the Customer and,
or Authorised Users. Irrespective of cause or form of any legal action,
the liability of OECD will not exceed the annual subscription price paid
by the Customer for the title/s in dispute."

Even more difficult in the "terms" they try to claim:

"General

The Customer acknowledges having read these Terms and Conditions and
limited warranty, understood them and by paying the Subscription Fee
agrees to abide by them. The Customer also agrees that the Terms and
Conditions and limited warranty supersede all proposals and/or prior
agreements, oral and written, and any other communications between the
parties relating to the subject matter of the Terms and Conditions or
limited warranty."

The claim that payment of subscription fee's (the electronic "comes with"
print fo these titles)constitutes agreement is bizarre!

Chuck Hamaker
Associate University Librarian for Collections and Technical Services
Atkins Library
University of North Carolina Charlotte
704 687-2825