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

[Rebecca Kemp <rkemp@email.unc.edu>]

Hi, all- thanks for your responses to my question.  I would like 
to provide a summary for interested parties, below.  I have taken 
out any identifying information for the libraries.

Here is my question: "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?"

Here is a breakdown of answers I received:

-One librarian indicated that in a case where an agreement with a 
vendor could not be reached, the library and vendor agreed on 
creating a "click-through" page with terms from the license. 
End users then had to click a button that indicated that they had 
read the terms.

-One librarian includes a disclaimer in its catalog for all its 
e-resources.  There are two kinds of disclaimer.  For resources 
that may have end user agreements, the disclaimer states that 
users must abide by copyright law and any end user agreements 
that govern the use of the resource.  For resources that are 
governed by an institutional license, the disclaimer includes 
permissions and restrictions from the license.

-A few librarians suggested modifying the institutional license. 
One librarian suggested adding the following or similar language: 
"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." 
Another librarian suggested adding the following or similar 
language: "This License constitutes the entire agreement of the 
parties and supersedes click-through agreements or generic 
contracts posted on the Web, all prior communications, 
understandings and agreements relating to the subject matter of 
this License, whether oral or written.  Alterations to this 
License are only valid if they are recorded in writing and signed 
by both parties."

-One librarian recommended talking with the vendor to see if the 
end user agreement can be removed from the web or at least that 
mention of the end user agreement can be removed from the 
license.

Thanks,

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