Dun & Bradstreet "terms"

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

Ironically, this follows close on the heels of a prior question about
licensing terms ....

I just got an invoice for _Exporter's Encyclopedia_ and noted that in the
"Terms of Agreement" under "License Grant" there is the following clause:
"Regardless of the form or format in which this information is furnished,
none of the information may be made available in whole or in part to any
third party except that libraries and other institutions offering research
facilities MAY PERMIT OTHERS TO ACCESS THE INFORMATION FOR VIEWING ONLY
(my caps)." This seems to imply that one may not (a) photocopy any of the
information or (b) make notes of, on, or about the information contained
within the encyclopedia. Also included in the terms is the phrase, "
Neither DMS, Dun & Bradstreet nor any of their trade names, trademarks or
service marks may be used for any purpose as the identification of the
customer's source or reference without the prior written consent of DMS."
(Does this mean that you can't cite the work in a research paper without
consent and, I would imagine, paying a fee??).

My questions are:
(1) what library or research institution can comply with the terms above
without segregating the material in a locked room and strip-searching
patrons as they enter and leave?
(2) are these terms legally enforcible?
(3) has anyone else or any other campus's legal counsel dealt with this
particular license?

Peter Picerno