RE: Query Re Library Responsibility for Library Patrons' Use

["Tilly R \(UB\)" <R.Tilly@UB.unimaas.nl>]

Hi Andrew,

  We solved this by changing the passage to a best efforts clause, most
publishers accepted it.

Roel


Roel Tilly
Universiteit Maastricht
Grote Looiersstraat 17
6211 JH Maastricht
Phone +31  (0)43-3885091

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-----Original Message-----
From: owner-liblicense-l@lists.yale.edu
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Andrew Waller
Sent: Saturday, February 24, 2007 4:34 PM
To: liblicense-l@lists.yale.edu
Subject: Re: Query Re Library Responsibility for Library Patrons' Use

I see the statement or ones like it now and then.  There's no way 
my institution can sign a license with something like this in it; 
accordingly, we try to get it removed or work in some sort of 
mutual indemnification.

Andrew Waller
Serials Librarian
Collections Services
University of Calgary Library
waller@ucalgary.ca


Cheryl Kugler wrote:

>I have recently come across a sentence in several license 
>agreements which explicitly states that the library, the 
>licensee, will be responsible for misuse of the resource by its 
>patrons and the Licensee will be responsible for for any losses 
>which result. The wording may vary somewhat. Have any of you 
>encountered this statement or a similar one? How did you handle 
>it? Thanks for your help.
>
>Cheryl C. Kugler
>Head, Bibliographic Access Services
>Honnold/Mudd Library
>Claremont, CA  91711