Re: manifest assent & which version?

[Carole Richter <Carole.J.Richter.8@nd.edu>]

As we speak, I received a license agreement from Keesing's online with
these clauses right up front:

1.1 This Agreement, including those conditions of use contained in the CD
and its packaging, and included at the web site from which you access the
various Keesing's Worldwide ("KW") Information Services (collectively, the
"Services"), governs the terms of your (the "Subscriber") use of the
Services.  You agree that by using the CD, or accessing the KW web site,
you will abide by all of the terms and conditions contained in this
Subscriber Agreement.

 1.2 KW reserves the right, at its discretion, to change, modify, add or
remove all or portions of the Services at any time.  Notification of
changes in the Services of the conditions of use will be posted on the KW
website.  KW may change, suspend or discontinue any aspect of the Services
at any time, including the availability of any Services feature, database,
or content.

 1.3 IF THESE CONDITIONS OF USE ARE OR BECOME UNACCEPTABLE TO YOU, YOU MAY
CANCEL YOUR SUBSCRIPTION BY SENDING E-MAIL TO:
SubscriberServices@Keesings.com (SEE SECTION 10 REGARDING TERMINATION OF
ACCESS TO THE SERVICES).  SUBSCRIBER'S CONTINUED USE OF THE Services NOW,
OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING
RULES, WILL CONSTITUTE A BINDING ACCEPTANCE BY THE SUBSCRIBER OF SUCH
RULES, CHANGES, OR MODIFICATIONS

Fascinating, no?! Of course this is only articulating the assumption of
many of these online posted 'agreements.'

So while each institution can certainly fall back on the solution
suggested by Ivy Anderson--renegotiate each agreement and include wording
to the effect that the signed agreements supercedes any unsigned
agreements--there is a very real belief by providers that the manifest
assent is a realistic solution to licensing. Meanwhile, the time invested
in coping with the licensing process continues to grow...

Carole
________

At 01:53 PM 6/23/2000 EDT, David Mirchin wrote:
>Carole,
>
>In response to your question, when we transitioned to an electronic
>license, we did explicitly address our customer's interests regarding
>individually negotiated licenses.  Any terms which are negotiated take
>precedence over the standard terms.
>
>We have provided that at the top of our license. It states:
>
>"A Customer's manually signed license agreement, if applicable, will
>supersede any conflicting terms in the license below."
>
>You can rest easily.
>
>__________________________
>
>> David Mirchin
>> Vice President & General Counsel
>> SilverPlatter Information, Inc.
>> Norwood, MA  02062