license requirement to expunge data, post termination

[Andrea Langhurst <langhurst.1@nd.edu>]

Hi All,

I'm in the process of reviewing an agreement for a business 
database.  The license includes a clause:

Upon the termination of this Agreement for any reason, Licensee 
shall promptly expunge the Data, and any items calculated from 
the Data from its computer systems other than insubstantial 
portions of the Data which incidentally appear in transaction 
records and files that Licensee is required to retain under 
applicable law, and shall return to XYZ all copies thereof, and 
promptly after XYZ's request, an officer's certificate stating 
that all such copies have been destroyed and all Data (except as 
allowed in the preceding sentence) has been expunged.

I'm curious if other libraries are have agreed to such terms (or 
products with similar requirements) and what they are doing when 
they see such a clause. Do you have a workflow in place in the 
case of termination of such a product?  I've been unable to 
negotiate any change to the language.

I'm also wondering if something like this might not typically be 
licensed through a university library, but perhaps more directly 
to a department or group that might be able to more readily agree 
to such terms?

Feel free to respond to me off list, if that makes you feel more 
comfortable to respond.

Thanks,

Andrea M. Langhurst
Licensing/Acquisitions Librarian
Electronic Resources & Serials Access Department
University of Notre Dame
Notre Dame, IN  46556
langhurst.1@nd.edu