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Re: question re: end users indemnifying publisher/vendor

Rebecca: Assuming the end user agreement is one of those "passive 
assent" situations where you must "agree" to continue, you might 
try adding this clause from the Standard License Agreement:

"Notice of "Click-Through" License Terms or Other Means of 
Passive Assent. In theevent that Licensor requires Authorized 
Users to agree to terms relating to theuse of the Licensed 
Materials before permitting Authorized Users to gain accessto the 
Licensed Materials (commonly referred to as "click-through" 
licenses), orotherwise attempts to impose such terms on 
Authorized Users through mere use orviewing of the Authorized 
Materials, Licensor shall provide Licensee with noticeof and an 
opportunity to comment on such terms prior to their 
implementation. Inno event shall such terms materially differ 
from the provisions of thisAgreement. In the event of any 
conflict between such terms and this Agreement,the terms of this 
Agreement shall prevail."

Diane Grover
Electronic Resources Coordinator
University of Washington Libraries

----- Original Message -----
From: "Rebecca Kemp" <rkemp@email.unc.edu>
To: <liblicense-l@lists.yale.edu>
Sent: Saturday, July 10, 2010 5:54 PM
Subject: question re: end users indemnifying publisher/vendor

> I've run across a scenario where a publisher requires end users
> to enter into an end user agreement in which the end user agrees
> to indemnify the publisher.  Is there any language that can be
> used in the institutional license to mitigate this
> indemnification? I think in this particular case, we're not going
> to be able to change anything, but for my future reference, has
> anyone had experience with a situation like this?
> --Rebecca
> Rebecca Kemp
> E-Resources Acquisitions Librarian
> CB#3938 Davis Library
> UNC-Chapel Hill
> Chapel Hill, NC 27514-8890