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Re: question re: end users indemnifying publisher/vendor

>From my experience dealing with this clause in a license, the 
publisher who asks to be indemnified by a library makes this type 
of request is not acting in good faith, pays a lot of money to a 
legal office, and has not updated their license in years.

As a serials librarian, to deal with such a license makes you 
feel like the publisher way out of touch with their product.

Matt Person


From: "Joseph Esposito" <espositoj@gmail.com>
To: liblicense-l@lists.yale.edu
Sent: Monday, July 12, 2010 8:03:24 PM
Subject: Re: question re: end users indemnifying publisher/vendor

I would be interested to know (if anyone has a clue) why a 
publisher would make this request. I don't see the legal exposure 
and am wondering if this is simply an instance of a legal 
department applying a principle mechanically.

Joe Esposito

On Sat, Jul 10, 2010 at 5:54 PM, Rebecca Kemp <rkemp@email.unc.edu> wrote:

> 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