UPDATE: IBISWorld license agreement

["Diane Grover" <grover@u.washington.edu>]

Long story short, a happy ending.

Thanks to all 15 colleagues who contacted me with their stories 
and advice. I heard from small, medium, large, private, public, 
U.S and foreign, as well as one consortium.  Everyone agreed with 
us that the clause is unacceptable, encouraged us to negotiate it 
out of the agreement, and wanted to know what happened.  Terms 
like "appalling" and "outrageous" were common.

The UW attorney found your comments most helpful, even though we 
never did mention we consulted other libraries.  He just used all 
your comments as negotiating points and as a point of reference. 
There is definitely strength in numbers.  The end result was a 
replacement clause that is much milder and acceptable to us.

So again, our heartfelt THANKS to you all, you're the best!  And 
for any of you in similar difficult negotiations, don't believe 
the vendor line that "everyone else has signed it, and nobody 
else had a problem with it".

Diane Grover
Electronic Resources Coordinator
University of Washington Libraries
206-543-4786
grover@u.washington.edu

----- Original Message -----
From: "Diane Grover" <grover@u.washington.edu>
To: <liblicense-l@lists.yale.edu>
Sent: Wednesday, August 25, 2010 2:56 PM
Subject: IBISWorld license agreement


> We are stuck in a protracted negotiation with IBISWorld over a
> difficult clause (following).  If other libraries have
> successfully negotiated this one, would you please contact me
> off-list?  IBISWorld claims 120 academic libraries have signed
> the agreement with this clause in place.
>
> Thank you,
>
> Diane Grover
> Electronic Resources Coordinator
> University of Washington Libraries
> 206-543-4786
> grover@u.washington.edu
>
> ****
>
> 8.7 The parties agree that any violation by Client, its employees
> or agents of the covenants of this License Agreement relating to
> unauthorized use of the Licensed Product would result in damage
> to IBISWorld that is largely intangible but nevertheless real,
> and that is incapable of complete remedy by an award of damages.
> Accordingly, any violation of the terms of this License relating
> to unauthorized use which Client refuses to remedy upon written
> notice from IBISWorld shall give IBISWorld the right to a court
> ordered injunction or other appropriate order to specifically
> enforce the provisions of this License. If Client opposes any
> such action, in addition to any other relief to which IBISWorld
> may be entitled, should IBISWorld prevail in any such action
> Client agrees to pay IBISWorld as damages any reasonable
> expenses, including, but not limited to attorneys' fees and
> litigation costs, incurred in obtaining such specific
> enforcement.
>
> ####
>
>