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Re: New England Journal of Medicine

We're a state institution and by state law could not accept such wording.

Thomas L. Williams, AHIP
Director, Biomedical Libraries 
University of South Alabama
College of Medicine
Mobile, Al 36688-0002
tel. (251)460-6885
fax. (251)460-7638

On Fri, 12 Dec 2003, Diane Carroll wrote:

> The OHSU Library is trying to complete a license with the New England
> Journal of Medicine.  They are asking all to accept Massachusetts law and
> venue as stated below.  They said the second statement should make this
> acceptable.  The complete license is available on the web at
> http://www.nejm.org/Institute/Terms/acAgree.pdf
> 12.c. This Agreement shall be construed and enforced in accordance with
> the laws of the Commonwealth of Massachusetts, United States of America,
> without regard to its conflict of laws rules. Any controversy arising out
> of or relating to this Agreement shall be brought to the federal or state
> courts located in Massachusetts, and the parties hereby consent to the
> jurisdiction of such courts. The foregoing choice of law and forum
> designation will not apply if compliance would violate any existing law,
> regulation, bylaw, or equivalent governing instrument of Licensee.
> Have you been able to accept 12c when you would normally reject venue and
> law of another state? Any insights would be appreciated.
> Diane Carroll, Ph.D
> carroldi@ohsu.edu