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Terms subject to change
- To: <liblicense-l@lists.yale.edu>
- Subject: Terms subject to change
- From: "Hiatt, Derrik" <hiattcd@wfu.edu>
- Date: Fri, 17 Dec 2010 18:26:41 EST
- Reply-to: liblicense-l@lists.yale.edu
- Sender: owner-liblicense-l@lists.yale.edu
Seeking the collective wisdom ... We are working on a license agreement with a large vendor (you would all recognize the name). Their default license includes the following language: "[Licensor] reserves the right to modify these Terms and Conditions, or any aspect of [licensed materials], at any time. The most updated Terms and Conditions of Use will be posted on the [licensor's] website. [Licensor] shall notify Institutional Licensees via email of material modifications. A modification shall become effective for an Institutional Licensee if it does not object in writing to [licensor] within 60 (sixty) days from the time [licensor] emails notice of the modification. In the event of such an objection, the Institutional Licensee shall have the right to terminate the Agreement on 30 (thirty) days written notice." I asked the licensor to change the one-sided right to modification with a statement that the signed Agreement should prevail, and that "Any amendments to the Agreement must be in writing and signed by both [licensor] and the Institutional Licensee." They refused to change the default language. Are any of you accepting language like this, where a licensor has the right to change the terms unilaterally, and the licensee's only recourse is to accept or cancel? Seems to me that a contract that can be modified at will by one party isn't much of a contract. Any advice how to approach would be appreciated. Thank you, C. Derrik Hiatt Electronic Resources Librarian Z. Smith Reynolds Library Wake Forest University Winston-Salem, NC 27109
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