Re: How do your libraries handle end-user agreements?

["Ivy Anderson" <Ivy.Anderson@ucop.edu>]

This sounds somewhat similar to licenses that incorporate a 
reference to terms of use that are posted online. One approach to 
these cases is to include a provision in the library's license 
stating that end user terms will not differ materially from or be 
more restrictive than the terms of the library's agreement, 
and/or that in cases of conflict the library's terms will 
prevail. I don't know if this is relevant in your particular 
case.

At my former institution we also had a policy of not licensing 
resources that required an end user agreement.  Exceptions were 
rarely entertained and if we agreed to them, we routinely checked 
in with the provider in hopes of changing their practice. 
Occasionally we did prevail.

Ivy Anderson
California Digital Library


----- Original Message -----
From: owner-liblicense-l@lists.yale.edu <owner-liblicense-l@lists.yale.edu>
To: liblicense-l@lists.yale.edu <liblicense-l@lists.yale.edu>
Sent: Wed Mar 17 18:07:08 2010
Subject: How do your libraries handle end-user agreements?

We have come up against a situation here where there is a 
combination of an institutional license, which we can modify, and 
an optional end-user agreement (terms of use) to which users will 
have to agree if they want to use added functionality of the 
resource in question.  Because these terms of use are on the 
vendor's website, it's unlikely that we'd be able to modify them.

I understand that we, the library, are not bound by the end user 
agreement.  However, I don't like passing on the responsibility 
of looking at an agreement to our end users.

List members, how do you handle situations such as this?  Do you 
have policies regarding resources that may require end users to 
enter into an agreement?

Many thanks for considering,
Rebecca

-- 
Rebecca Kemp
E-Resources Acquisitions Librarian
UNC-Chapel Hill
Chapel Hill, NC 27514-8890
rkemp<at>email<dot>unc<dot>edu