Re unacceptable license terms

[Michael Rancer <mrancer@library.berkeley.edu>]

I've been through about 100 licenses in the last 4 years.  No matter what
else I look out for, there are 3 items I will not accept under any
circumstances:

1.  An indemnity clause, other than standard University of California 
approved language.

2.  Responsibility for the actions of anyone other than a UC Berkeley 
Library employee.

3.  Jurisdiction outside the state of California.

These are non-negotiable and show-stoppers.  In these 4 years, I've only
had one vendor refuse to sign an amended license, and that was a
university press insisting on an indemnification clause.

We are the buyers, have a right to protect ourselves and should not forget
this aspect of the relationship.

Mike Rancer
Chief Administrative Officer
UC Berkeley Library