RE: New England Journal of Medicine

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

Permit me to clarify after consulting our university counsel my somewhat
hasty earlier remarks:

[The last sentence in the paragraph] is intended to help, but as a
practical matter, it would still be an issue that would probably be
litigated if we went to court over something else.  [Counsel] would feel
more comfortable having the other party agree up front that [the
University of Florida] can't contractually agree to be governed by
Massachusetts law.

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

-----Original Message-----
From: John Ingram 
Sent: Monday, December 15, 2003 7:25 PM
To: 'liblicense-l@lists.yale.edu'
Subject: RE: New England Journal of Medicine

Such a statement works for state institutions in Florida.

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

-----Original Message-----
From: Diane Carroll [mailto:carroldi@ohsu.edu]
Sent: Friday, December 12, 2003 5:31 PM
To: liblicense-l@lists.yale.edu
Subject: New England Journal of Medicine

The OHSU Library is trying to complete a license with the New England
Journal of Medicine.  They are asking all to accept Massachusetts law and
venue as stated below.  They said the second statement should make this
acceptable.  The complete license is available on the web at
http://www.nejm.org/Institute/Terms/acAgree.pdf

12.c. This Agreement shall be construed and enforced in accordance with
the laws of the Commonwealth of Massachusetts, United States of America,
without regard to its conflict of laws rules. Any controversy arising out
of or relating to this Agreement shall be brought to the federal or state
courts located in Massachusetts, and the parties hereby consent to the
jurisdiction of such courts. The foregoing choice of law and forum
designation will not apply if compliance would violate any existing law,
regulation, bylaw, or equivalent governing instrument of Licensee.

Have you been able to accept 12c when you would normally reject venue and
law of another state? Any insights would be appreciated.

Regards,

Diane Carroll, Ph.D
carroldi@ohsu.edu