Mutual Performance Obligations
Some obligations under a licensing agreement for digital information fall equally on both publishers and library licensees. An important mutual obligation is ensuring the confidentiality of user data. Both parties should want to protect the identity of users and how the information is used from outside parties. Publishers and libraries may also have an interest in collecting and disseminating aggregate information concerning the use of the licensed materials. This section provides language to satisfy both goals.
Another common interest is ensuring that only the library and its patrons have access to licensed digital information. Especially during long term agreements, the parties may want to provide a means for libraries and digital information providers to work together in implementing new security protocols without having to renegotiate or amend the agreement.
See also:
Mutual Performance Obligations: Example Clauses
1. Confidentiality of User Data. Licensor and Licensee agree to maintain the confidentiality of any data relating to the usage of the Licensed Materials by Licensee and its Authorized Users. Such data may be used solely for purposes directly related to the Licensed Materials and may only be provided to third parties in aggregate form. Raw usage data, including but not limited to information relating to the identity of specific users and/or uses, shall not be provided to any third party.
2. Implementation of Developing Security Protocols. Licensee and Licensor shall cooperate in the implementation of security and control protocols and procedures as they are developed during the term of this Agreement.
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Commentary: Some obligations apply equally to all parties to the agreement. For example, both publishers and licensees will have an interest in ensuring that the identity of users of licensed materials will be protected, as well as the specific uses made of the information. Example 1 requires that individual usage data be protected, but that aggregate usage statistics may be provided to outside parties.Another area of common interest is ensuring that only licensees and their authorized users gain access to the licensed materials. Example 2 provides that both publishers and libraries will work together to implement new security protocols that may be developed during the life of the agreement. |
Last updated: April 25, 2012