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Elsevier Web Editions license

This message was forwarded to liblicense-l from Diana Zinnato at Thomas
Jefferson University.  The liblicense-l Moderators

---------- Forwarded message ----------
Date: Fri, 21 Jan 2000 15:34:34 -0500
From: Diana Zinnato <Diana.Zinnato@mail.tju.edu>
Subject: Elsevier Web Editions license

Please post this on the Liblicense-L listserv.  Thanks, Diana

We would like to take advantage of this no-additional-cost opportunity to
gain limited access to our Elsevier subscriptions online however I have
found a problematic point in the license.  In a general description of the
product on its "information site" there is reference to institutional sites
and a statement referring to IP addresses for each site. However in Section
2.2: Access of the subscription license it states that "access is limited to
the library where the subscribed print journals are held".  I see this
statement as an obvious contradiction to the concept of site license and it
is also ludicrous for someone to have to come to the library for electronic
access when the print issues are already there (especially since this is a
browse-only, non-searchable product).

I asked my sales contact about this contradiction and she was adamant that
the product could only be made available in the library building and not
from offices or laboratories on campus and especially not from a student's
or faculty's home or other distant geographic location.  When I insisted
that this restriction did not make sense she took my question to someone
else for interpretation.  She came back with the answer that I was hoping
for, that access could be had by our entire campus, however she stated that
the wording of the license could not be changed.  In other words, they would
accept the concept of "campus" to take the place of library in that section
of the license.

We don't feel comfortable signing the license without some written
acknowledgement that the access will be campus-wide.  Would it be
appropriate for us to sign the license but also send a letter to Elsevier
stating our interpretation of the word "library" (as confirmed by the sales
rep.) to document our intent?  How have others dealt with the language in
this license?

Many thanks,

Diana Zinnato
Director of Collection Management
Scott Memorial Library, AISR
Thomas Jefferson University
1020 Walnut Street
Philadelphia, PA 19107

Voice: (215) 503-2829
Fax: (215) 955-7642