RE: Query Re Library Responsibility for Library Patrons' Use

["Tracy L. Thompson" <tracy.thompson@yale.edu>]

Try 'reasonable efforts' language as an alternative.

Cheers,
Tracy

At 07:24 AM 2/28/2007, you wrote:

> EEK! Sorry I don't have enough time to fine-tune this: Words to 
> live by (imho): Under U.S. law, *never* agree to best efforts 
> for anything. It has come to be defined by various and sundry 
> court cases as meaning that you pull out all the stops, i.e. you 
> stop at nothing to get the job done. May be different in 
> Maastricht. But for U.S., just refuse. There's no reason for a 
> library to agree on any terms to make students, among others, do 
> anything. You know you can't.
>
> Georgia Harper
> Scholarly Communications Advisor
> University of Texas at Austin Libraries
> 512.495.4653; 512.971.4325 (c)
>
> -----Original Message-----
> [mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Tilly R (UB)
> Sent: Monday, February 26, 2007 2:31 PM
> To: liblicense-l@lists.yale.edu
> Subject: RE: Query Re Library Responsibility for Library Patrons' Use
>
> Hi Andrew,
>
> We solved this by changing the passage to a best efforts clause,
> most publishers accepted it.
>
> Roel Tilly
> Universiteit Maastricht
> Grote Looiersstraat 17
> 6211 JH Maastricht
>
> -----Original Message-----
> [mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Andrew Waller
> Sent: Saturday, February 24, 2007 4:34 PM
> To: liblicense-l@lists.yale.edu
> Subject: Re: Query Re Library Responsibility for Library Patrons' Use
>
> I see the statement or ones like it now and then.  There's no way
> my institution can sign a license with something like this in it;
> accordingly, we try to get it removed or work in some sort of
> mutual indemnification.
>
> Andrew Waller
> Serials Librarian
> Collections Services
> University of Calgary Library
> waller@ucalgary.ca
>
>
> Cheryl Kugler wrote:
>
> > I have recently come across a sentence in several license
> > agreements which explicitly states that the library, the
> > licensee, will be responsible for misuse of the resource by its
> > patrons and the Licensee will be responsible for for any losses
> > which result. The wording may vary somewhat. Have any of you
> > encountered this statement or a similar one? How did you handle
> > it? Thanks for your help.
> >
> > Cheryl C. Kugler
> > Head, Bibliographic Access Services
> > Honnold/Mudd Library
> > Claremont, CA  91711