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Re: Terms subject to change

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
>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