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Re: Terms subject to change
- To: firstname.lastname@example.org
- Subject: Re: Terms subject to change
- From: Sandy Thatcher <email@example.com>
- Date: Sun, 19 Dec 2010 23:26:25 EST
- Reply-to: firstname.lastname@example.org
- Sender: email@example.com
Sounds like the kind of agreement you accept whenever you sign up for Apple's bookstore and like operations. None of these licenses is ever negotiable. Sandy Thatcher >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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