Bowker Limitation of Liability

["Hamaker, Chuck" <cahamake@email.uncc.edu>]

Bowker has the following limitation of liability statement in its license
for Global Books In Print. Has anyone come up with alternative language
that is acceptable to Bowker?
 
> "BOWKER AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO
> YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION,
> CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF
> ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY
> OF BOWKER, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF
> ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY
> WAY CONNECTED WITH THE WEB SITE OR THE CONTENT IN THE WEB SITE SHALL NOT
> EXCEED THE AMOUNT YOU PAID TO BOWKER FOR THE USE OF THE WEB SITE IN THE 12
> MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. "
 
Limitations of liability void a contract under many states' laws--at least
that is my understanding.

What are other libraries in North Carolina and other states with similar
laws doing about this?
 
Please respond to me directly if you do not want to respond to the list.
 
Chuck Hamaker
Associate University Librarian
Collections and Technical Services
Atkins Library 
University of North Carolina Charlotte.