License Restrictions: Simmons

[Ann Okerson <aokerson@pantheon.yale.edu>]

Eleanor Cook writes:

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>From COOKEI@conrad.appstate.edu Tue Aug  4 21:39:41 1998
Date: Tue, 04 Aug 1998 21:39:37 -0500 (EST)
From: ELEANOR COOK <COOKEI@conrad.appstate.edu>
Subject: License restrictions: Simmons
To: liblicense-l@lists.yale.edu


Our Library is interested in purchasing "Choices II" from Simmons, which
is a company specializing in marketing information. They used to provide
an annual set we kept in reference but they discontinued the print
version. They now have a CD-ROM as named above. It comes with a license
agreement and must be pre-paid. They do not allow it to be networked.

We reviewed the license agreement and it had two clauses that
state-supported institutions generally cannot accept. The first was the
"indemnification" clause and the second was the "state of ..." clause. The
information provider usually names the state or province where they are
located in the latter clause.

In every case we have worked with a publisher or vendor license, they have
allowed us to strike the indemnification clause and either struck the
state designation I mentioned or allowed us to substitute our own state
there. (it has to do with what state laws would apply if there was
litigation)  Unfortunately, this company responded negatively to our
suggestions for these changes. Our marketing faculty will be dissatisfied
fall semester when they cannot make assignments in the library they are
used to making because of this company's inflexibility. 

How have other libraries dealt with this?  This company closed their
Florida office last winter and my posting a plea to ACQNET to find them
was most helpful - so those of you who responded then (and anyone else)
could review how you dealt with the license restrictions, I would be most
grateful. 

I am also posting this to ACQNET-L. 

Sincerely,
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Eleanor I. Cook                   828-262-2786 (wrk)     NEW PO BOX
Serials Specialist                828-262-2773 (fax)         & 
Belk Library, PO Box 32026                               Area Code!          
Appalachian State University                             Spring '98
Boone, NC 28608-2026              cookei@appstate.edu  
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