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LIBLICENSE <[log in to unmask]>
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LibLicense-L Discussion Forum <[log in to unmask]>
Date:
Sun, 20 Apr 2014 18:25:43 -0400
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From: "Bhatt, Anjana" <[log in to unmask]>
Date: Fri, 18 Apr 2014 17:57:46 +0000

And yes, we do look at the license agreement at the trial stage.  Just
a review to pick out any red flags. I think it could be helpful to
review the license before you set up the trial.

If the access is not IP authenticated then we do not work with the
product or set up a trial.  If the product is IP authenticated the I
negotiate with the vendor only if we are going to subscribe to the
product.  After the trial, if I am ready to purchase I let the vendor
know in advance that under no circumstances I would sign any license
that requires us to indemnify the vendor, has a law other than the
state law of Florida or requires us to pay taxes.  I provide my tax
exempt certificate in advance to them.  I also give them an option to
remain either silent on the tax, indemnification and governing law
clauses or completely remove them. I never agree to modify the license
myself or to a scratch and sign policy.

If vendor does not budge then I provide language/statements from our
approved License negotiations guidelines and request the vendor to add
this language/statement for a disputed clause.

If everything fails, then I have the vendor sign the license addendum
which in any case clearly states that we will not pay taxes, or
provide indemnification to a vendor or pay taxes. If this also fails,
then obviously we do not purchase the product.

If you need to see a copy of our license addendum or the approved
guidelines, please contact me directly.

Thank you.

Anjana  H. Bhatt

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