From: "Rathmel, Angela" <[log in to unmask]>
Date: Wed, 12 Dec 2012 16:29:46 +0000
Hello,
Looking for help from the list (and esp. from any of the libraries
listed below the message) regarding whether you have seen the terms
that accompany the latest print volume of IHS Jane’s All the World’s
Aircraft: Development & Production and how you suggest handling this
from a licensing and compliance perspective for academic institutions.
I can’t attach the terms in full to the list (although IMHO, it is
problematic in its entirety). So pointing out some specific clauses,
such as:
All orders for the sale of hardcopy Products are subject to the
following terms and conditions:
1. DEFINITIONS: "Client" means the person, firm or company or any
other entity that purchases the Products from IHS.
3. IHS grants to Client a nonexclusive, nontransferable license to
use the Products for its intemal business use only. Client may not
copy, distribute.republish, transfer, sell, license. lease, give,
disseminate in any form (including within Its original cover), assign
(whether directly or Indirectly, by operation of law or otherwise),
transmit, scan, publish on a network, or otherwise reproduce, disclose
or make available to others, stare in any retrieval system of any
nature, create a database or create derivative works from the Product
or any portion thereof, except as specifically authorized herein. Any
information related to third party company and/or personal data
Included in the Directory Product(s), may be used by Client for the
limited purpose of enquiring about the products and services of the
companies/organisations listed therein and who have given permission
for Iheir data to be used for this purpose only. Client must compiy
with the UK Data Protection Act and all other applicable data
protection and privacy laws and regulations. In particular, Client
must not use such data (I) far any unlawful. harmful or offensive
purpose: (ii) as a source for any kind of marketing or promotion
activity; or (iii) for the purposes of compiling, confirming or
amending its own database, directory or mailing list.
15. All Products supplied herein are subject to these terms and
conditions only, to the exclusion of any other terms which would
otherwise be implied by trade, custom, practice or course of dealing.
Nothing contained in any Client-issued purchase order, Clients'
acknowledgement, Clients' terms and conditions or invoice will in any
way modify or add any additional terms to these terms and conditions.
IHS reserves the right 'to amend these terms and conditions from time
to time.
Our General Counsel requested we strike the entire thing, but legal
representation for the provider, based in UK, has been non-responsive
to questions since August. I’ve finally managed to get my local IHS
rep to advise me to ignore, but would still be interested in my fellow
librarians’ approaches to this, specifically:
1) Do you license the online version of this product as well?
2) How are licenses managed in your organization? Do you have a
University General Counsel or other overarching compliance
organization reviewing your agreements?
3) If you received the attached terms and conditions agreement with
your print volume, how would/did you handle?
Thanks!
Angela Rathmel, Electronic Resources Librarian
University of Kansas Libraries
[log in to unmask] | [log in to unmask]
St. Silouan the Athonite, on printing this email: 'That green leaf on
the tree which you needlessly plucked - it was not wrong, only rather
a pity for the little leaf.'
Libraries who hold IHS Jane’s All the World’s Aircraft: Development &
Production 2012/2013.
UNIV OF ALABAMA
CLAREMONT COL ACQRC
PASADENA PUB LIBR
SAN DIEGO PUB LIBR
SAN FRANCISCO PUB LIBR
UNIV OF SOUTHERN CALIFORNIA
STRATFORD LIBR ASN
NATIONAL DEFENSE UNIV LIBR
EMBRY-RIDDLE AERONAUTICAL UNIV
JACKSONVILLE PUB LIBR
UNIV OF FLORIDA
IOWA STATE UNIV
CHICAGO PUB LIBR
ELK GROVE VILLAGE PUB LIBR
OAK LAWN PUBLIC LIBRARY
ROCKFORD PUB LIBR
UNIV OF ILLINOIS
INDIANA UNIV
(MIT) MASSACHUSETTS INST OF TECH, LINCOLN LAB
WORCESTER PUB LIBR
US NAVAL ACAD
UNIV OF MICHIGAN LIBR
MISSOURI UNIV OF SCI & TECH
SAINT LOUIS PUB LIBR
GRAND FORKS AFB LIBR
UNIV OF N DAKOTA
DANIEL WEBSTER COL LIBR
UNIV OF NEW HAMPSHIRE
CORNELL UNIV
DAYTON METRO LIBR
NASA GLENN RES CTR AT LEWIS FIELD
PUBLIC LIBR OF CINCINNATI/HAMILTON CNTY
US AIR FORCE, INST OF TECH
MULTNOMAH CNTY LIBR
CARNEGIE LIBR OF PITTSBURGH
LEHIGH UNIV
GREENVILLE CNTY LIBR
KNOX CNTY PUB LIBR, KNOXVILLE
TEXAS TECH UNIV
UTAH STATE UNIV
DEFENSE ADV RES PROJ AG
INSTITUTE FOR DEFENSE ANALYSES
NORFOLK PUB LIBR
VIRGINIA BEACH PUB LIBR SYST
KING CNTY LIBR SYST
SEATTLE PUB LIBR
SNO-ISLE REG LIBR
SPOKANE PUB LIBR
TACOMA PUB LIBR
UNIV OF WASHINGTON LIBR
STATE LIBR OF NEW S WALES
STATE LIBR OF QUEENSLAND
STATE LIBR OF SOUTH AUSTRALIA
STATE LIBR OF TASMANIA
STATE LIBR OF VICTORIA
EDMONTON PUB LIBR
UNIV OF CALGARY LIBR
RYERSON UNIV
YORK UNIV LIBR
AUCKLAND CITY LIBR
BRITISH LIBR
CAMBRIDGE UNIV
NATIONAL LIBR OF SCOTLAND
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