Re: AGU site license - indemnity clause

[Karine Blaufuss <KBlaufuss@agu.org>]

Dear Leah,

I read your email on the listserv and have been apprised of the
negotiations between you and Sonya Washington regarding the
license agreement. After further research, we found some language
we have used for another government entity and that I think we
can use with Brookhaven National Laboratory. Please let us know
if this language is appropriate in lieu of the current
indemnification clause:

"EACH PARTY IS RESPONSIBLE FOR ITS OWN NEGLIGENCE AND WILLFUL
MISCONDUCT OR BREACH OF THIS LICENSE. BOTH PARTIES RECOGNIZE AND
ACKNOWLEDGE THAT THE PRODUCT IS DELIVERED 'AS IS' AND THAT ALL
WARRANTIES EXPRESS OR IMPLIED ARE DISCLAIMED. THE PARTIES AGREE
THAT THIS LICENSE IS SUBJECT TO THE COPYRIGHT ACT AND LAWS
GOVERNING INFRINGEMENT OF COPYRIGHTS AND OTHER INTELLECTUAL
PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, 28 U.S.C. SEC.
1498(B)."

Regards

Karine Blaufuss
Group Manager, Marketing & Membership
AGU
2000 Florida Ave. NW
Washington, DC 20009
Direct: 202-777-7473
Fax: 202-328-0566
kblaufuss@agu.org
www.agu.org
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