From: April Hathcock <[log in to unmask]>
Date: Thu, 4 Dec 2014 19:37:07 -0500

I would caution against gathering additional written documents that
are meant to "interpret" your agreement. Unless those agreements
become expressly included in the contract (such as in a formal
addendum or better yet as added clauses in the contract) they are
unenforceable in a legal sense. The contract itself with always
control. Emails just won't cut it. I feel it's always best to get the
full understanding of the parties in the contract itself.

Also, keep in mind that you are not legally able to enter into
contract terms on behalf of your users. So any obligations the vendor
expects from them are meaningless in any contract you sign with the
vendor.

April Hathcock



On Thursday, December 4, 2014, LIBLICENSE <[log in to unmask]> wrote:
>
> From: Viral Amin <[log in to unmask]>
> Date: Thu, 4 Dec 2014 09:54:56 -0500
>
> Hi Elizabeth,
>
> I too have dealt with these sorts of terms and also think that you
> should be cautious about accepting them.  In such cases, I spoke with
> the vendor or publisher representative, describing a scenario such as
> you set forth and requesting they explain how the license terms apply
> to it.  The representative, in my experience, can't do that, so the
> vendor's legal team steps in to provide the proper interpretation.  I
> insist that the interpretation be provided in an email or addendum
> that can be used as a authoritative record.
>
> Viral Amin
> Assistant Professor
> Metadata/Electronic Resources Librarian
> Library & Learning Services
> Marymount University
> [log in to unmask]
>
>
> On Tue, Dec 2, 2014 at 7:16 PM, LIBLICENSE <[log in to unmask]> wrote:
> >
> > From: Elizabeth Henry <[log in to unmask]>
> > Date: Tue, 2 Dec 2014 11:41:47 -0500
> >
> > Hi all,
> >
> > I'm responsible for reviewing license agreements here at my
> > university.  Recently, some librarians expressed interest in
> > purchasing e-books from a vendor we've never purchased from, so I
> > looked through their institutional purchase agreement and I came
> > across these terms that make me uncomfortable.  The terms can be seen
> > below:
> >
> > Permitted:
> >
> > Provided that the copyright header attached to the ebook chapter is
> > retained, Authorized Users at the Purchaser's institution may:
> >
> > 1. download and and print one copy of each ebook chapter for personal
> > use and archive contents on their own personal computers
> >
> > 2. send one copy of an ebook chapter by email, hard copy, or fax to
> > one person in the Purchaser's campus/institutional network at another
> > location for that individual's personal use.
> >
> > The reason why I am not comfortable with these terms is because once a
> > user downloads the e-book onto their computer or tablet, what they do
> > with the e-book is essentially out of our control.  We can't be sure
> > that a user will download only one copy (what if the user has multiple
> > devices or forgets that s/he already downloaded a copy?) or send to
> > someone within the University.
> >
> > What are your thoughts on these terms?  Have any libraries agreed to
> > these terms?  If you have, have you had any trouble?  Were you able to
> > negotiate these terms to something more acceptable?
> >
> > Please let me know.
> >
> > Thank you,
> > Elizabeth
> >
> > Elizabeth Henry
> > Instruction and Reference/E-Resources Librarian
> > Gallaudet University Library