Assistance with disturbing audit clause

["Uhlinger, Eleanor (CIV)" <euhlinger@nps.edu>]

I am grappling with an Ebooks license that contains a new AUDIT 
clause that I have never encountered in another license in my 
more than 14+ years of negotiations.  We have subscribed to 
Ejournals & Eproceedings from this publisher for years and abided 
by all terms with no incidents of abuse.

Basically XYZ Publisher is requiring that we maintain accurate 
records concerning our use of their ebooks (examples: usage logs, 
ids of Authorized Users, IP address, and proxy servers) for 1 
year following usage AND MOST DISTURBING that "in instances where 
there is sustained misuse of the eproduct that cannot be 
resolved" my institution is required to provide records to 
Publisher for audit/review or permit XYZ Publisher to come into 
our institution (with 5 days notice) to audit and inspect our 
systems and records.

Needless to say this is a complete non-starter for us on so many 
levels not to mention the  implied insult to our institutional 
integrity and processes that Publisher has no confidence in our 
professional ability to solve problems and/or manage information 
assurance/security processes on our network (And, just "what" 
constitutes "sustained misuse"!?).  I have been successful in 
getting them to alter some of the original harsh wording but even 
so, it still does not pass Library, Legal, or Information 
Technology review at our institution so none of us will sign off 
on it.  Publisher insists they need recourse for situations we 
cannot resolve locally (hmm, I thought that was already covered 
in the turning it off at the pump portion of the license!)

Has anyone on the list encountered such a clause and have you 
successfully negotiated it out of such license or how have you 
dealt with it?

Thanks,
Eleanor


Eleanor S. Uhlinger
University Librarian, Dudley Knox Library
Naval Postgraduate School
Monterey CA  93943