Previous by Date Index by Date
Threaded Index 		Next by Date
Previous by Thread Next by Thread


Re: liability language 

Kimberly, At the University of North Carolina at Chapel Hill Library, yes,
we have run across this language. No, we absolutely have not signed a
contract containing this language. What we have tried to do --
successfully -- is to substitute language like "will make reasonable
efforts to prevent..." (not _every_ effort!) So far as I remember, such a
change has always been accepted by the provider.

Marcia Tuttle, Licensing Librarian
University of North Carolina at Chapel Hill
marcia_tuttle@unc.edu

On Tue, 6 Jan 1998, Kimberly Parker wrote:

> I recently ran across a license that provided a list of appropriate uses
> of the data and included a sentence that said that the Institution signee
> was liable for any violations of these appropriate uses by the Authorized
> Users (previously defined in the contract). 
> 
> I have several questions for the list. 
> 
> Has anyone else run across this contract language and signed it? 
> 
> Is there a difference of feeling on such language between corporate
> institutions who might be expected to more closely control the behavior of
> their employees and academic institutions? 
> 
> And for information providers, can there be appropriate substitutions for
> such language?  In this particular instance we proposed alternate language
> such that we (the Institution) would work with the information provider to
> identify and correct any violations.  This was not accepted by the
> provider. 
> 
> I see a shadowy parallel here to court cases where an internet service
> provider was sued for the use to which their service was put. 
> 
> Anyone care to comment or answer one or more of the above questions?


http://www.library.yale.edu/liblicense
© 1996, 1997 Yale University Library
 Please read our Disclaimer
E-mail us with feedback