Factiva Subscription Agreement - Section 3.4 (a) and (d)

[Richard Poisson <rpoisson@mitre.org>]

Dear Colleagues:

We're in the process of selecting a news service provider; one of the
vendors we;re considering is Factiva. We've found the wording in Section
3.4 (a) and (d) of the Factiva Subscription Agreement (FSA) problematic.
Have any of you had any luck in persuading Factiva to amend the wording in
this section?  The wording in Section 3 reads in part:

3.1 The Permitted Users may:
3.2
(a) review and download Information from a Service for their own use;
and

(b) include in internal reports and/or reports to customers, on an
occasional and infrequent basis, individual articles from the Information,
provided that such articles (or portions of articles) are attributed to
the relevant author or provider of such article.

3.3 The Subscriber, and each Permitted User, shall not:
3.4
(a) reproduce, distribute, display, sell, publish, broadcast or circulate
the Information to any third party, including (other than as authorized in
Section 3.1(b)) other individuals in the Subscriber's or its Affiliate's
organizations, nor make the Information available for any use;

(b) remove, conceal or alter any copyright notices contained in the
Services or the Information, or change the meaning of any article of
Information;

(c) create or store in electronic form any shared library or archive of
Information which could be used a research application, or

(d) use the authority granted in Section 3.1(b) as a substitute for
authorizing additional users to use the Services, and for the avoidance of
doubt, Permitted Users may not on a regular basis, or an irregular but
frequent basis, distribute more than a few articles to any individual
(employees of the Subscriber, its Affiliates or otherwise) who are not
Permitted Users.

Thank you in advance for your help,

Richard Poisson

Sr. Information Analyst
Digital Asset Management Group
InfoCenter Services/R201

The MITRE Corporation
202 Burlington Road
Mail Stop K115
Bedford, MA 01730
781 271-8847 phone
781 271-3593 fax
Email: rpoisson@mitre.org