Re: terms and conditions - in click-through and in hardcopylicenses

["Dave Fisher" <Dave@library.ucsd.edu>]

Ros,

The University of California uses the following language to cover such
instances:

Notice of Terms of "Click-Through" License Terms.

In the event that Licensor requires Authorized Users to agree to terms
relating to the use of the Licensed Materials before permitting Authorized
Users to gain access to the Licensed Materials (commonly referred to as
"click-through" licenses), Licensor shall provide Licensee with notice of
and an opportunity to comment on such terms prior to their implementation.  
In no event shall the terms of such "click-through" licenses materially
differ from the provisions of this Agreement.  In the event of any
conflict between the terms of such "click-through" licenses and this
Agreement, the terms of this Agreement shall prevail.


Dave Fisher
Electronic Resources Coordinator (retired 2/1/05 but still lurking)
Univ of California, San Diego
dfisher@ucsd.edu

>>> M.R.Doig@derby.ac.uk 02/08/05 04:49AM >>>

I am negotiating a licence ( UK law applies)  which as well requiring
signatures on a paper copy also has a click-through agreement for users on
its website.

Whereas I applaud the understanding that we can't be held directly
responsible for an individual's actions * which is what this click through
is about, nevertheless I would expect those terms and conditions on the
click-through to mirror the ones I signed in the contract.

In the case in question, we signed a 2 year agreement which has since been
revised but which we don't have to sign again till the end of this year.  
In the meantime, the terms and conditions on the website have changed
slightly to be more specific in certain areas.

On the whole I don't have a problem with the changes, but the point is *
can service providers make users click-through terms and conditions on
their websites which don't necessarily reflect similar terms and
conditions in the document that was signed on behalf of the institution
and its users? And can they change them at any time without requiring the
agreement of the signatories for the institution, or informing them?

I'd be interested in your views.

Thanks and best wishes to you all
Ros Doig

Ros Doig
Serials & Inter-lending Librarian
University of Derby
Email.  m.r.doig@derby.ac.uk