RE: non-negotiation license question

["Hiatt, Derrik" <hiattcd@wfu.edu>]

Matt,

Sorry to take so long to reply to your LibLicense post.  Last 
fall I was told we had to 'renew' an existing license agreement. 
The publisher initially said that "there is not much flexibility" 
other than changing the jurisdiction.  But we went ahead and 
asked for a few other changes, and they did agree.

Another tactic I've heard of, but never used myself, is to cross 
out offending language and write in (in pen) your substitute 
language.  Have your signing officer initial beside any such 
changes, and when you send it in, send two copies and ask the 
publisher to initial as well and return one copy to you.

Of course, if they're being totally uncooperative, then neither 
of those approaches may work.  But it might be worth a shot.

Good luck!
Derrik Hiatt


C. Derrik Hiatt
Electronic Resources Librarian
Z. Smith Reynolds Library
Wake Forest University
Winston-Salem, NC 27109
(336) 758-5484
hiattcd@wfu.edu


-----Original Message-----
From: owner-liblicense-l@lists.yale.edu
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Matthew Person
Sent: Monday, April 25, 2011 9:20 PM
To: liblicense-l@lists.yale.edu
Subject: non-negotiation license question

A major publisher from whom we purchase 15% worth of our serials 
has told us that our single non-serial purchase from them will be 
covered by a new non-negotiation policy license which will only 
require our signature.

This "non-negotiation" license is indeed the publisher's standard 
license. The license itself references nothing having to do with 
"non-negotiation"

The publisher won't answer questions about their policy, so we 
find ourselves considering cancellation of this valuable 
resource, because of such low quality customer support and 
awareness.

Has anyone recently encountered any similar situation?

Thanks,
Matt Person

Matthew Person
Technical Services Coordinator
MBLWHOI Library
MBL Center for Library and Informatics

www.mblwhoilibrary.org
The MBLWHOI Library is a founding member of
the Biodiversity Heritage Library
www.biodiversitylibrary.org