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RE: OECD "terms"

As someone who put some of the first print journals online and began to
grapple with the implications, I do want to assure readers of this list
that attempting to avoid a license but stating terms and conditions did
not seem to me then 'bizarre' or 'ludicrous'. The idea as to minimise all
the work involved in framing licenses and getting them signed. It was Ann
Okerson who put me right and I was grateful.

OECD are book publishers and the all the complications involved in
licensing that we serials types are familiar with are for them to
discover. I am certain (knowing them) that attempts to cause subscribers
problems is very far from their intentions and that they will appreciate
guidance rather than scorn.

> -----Original Message-----
> From: owner-liblicense-l@lists.yale.edu
> Sent: Thursday, September 26, 2002 7:00 PM
> To: Liblicense-L (E-mail)
> Subject: OECD "terms"
> Has anyone negotiated these section below with OECD??
> They state on their website they don't have a "license" but then have the
> sections below in their "terms".
> As many of you know, many US states' contract law/license provisions for
> state entities often will not permit limited warrantys, waivers of
> liability, etc. And the claim that paying for the paper subscription is
> proves agreement with the terms is ludicrous. Such an outlandish claim
> makes shrinkwrap look benign!
> http://www.sourceoecd.org/data/cm/00000845/Terms11feb02.pdf
> "Limited Warranty and Disclaimer of Warranty
> The OECD does not warrant, guarantee or make any representations, either
> expressly or implied, regarding, but not limited to, the correctness,
> accuracy, reliability, currentness, merchantability, fitness of use for a
> particular purpose, or otherwise, of the Works - they are supplied "as
> is". The OECD shall not be liable for any direct, indirect, consequential
> or incidental damages (including, without limitation, damages for loss of
> business profits, business interruption, or loss of business information)
> arising out of the use or inability to use the Works by the Customer and,
> or Authorised Users. Irrespective of cause or form of any legal action,
> the liability of OECD will not exceed the annual subscription price paid
> by the Customer for the title/s in dispute."
> Even more difficult in the "terms" they try to claim:
> "General
> The Customer acknowledges having read these Terms and Conditions and
> limited warranty, understood them and by paying the Subscription Fee
> agrees to abide by them. The Customer also agrees that the Terms and
> Conditions and limited warranty supersede all proposals and/or prior
> agreements, oral and written, and any other communications between the
> parties relating to the subject matter of the Terms and Conditions or
> limited warranty."
> The claim that payment of subscription fee's (the electronic "comes with"
> print fo these titles)constitutes agreement is bizarre!
> Chuck Hamaker
> Associate University Librarian for Collections and Technical Services
> Atkins Library
> University of North Carolina Charlotte
> 704 687-2825