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Re: AGU site license - indemnity clause
- To: liblicense-l@lists.yale.edu
- Subject: Re: AGU site license - indemnity clause
- From: Karine Blaufuss <KBlaufuss@agu.org>
- Date: Wed, 17 Sep 2008 18:52:33 EDT
- Reply-to: liblicense-l@lists.yale.edu
- Sender: owner-liblicense-l@lists.yale.edu
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 ---2071850956-1227758640-1221691028=:30281--
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