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LIBLICENSE-L  February 2015

LIBLICENSE-L February 2015

Subject:

Pearson's End User License Agreement (EULA)

From:

LIBLICENSE <[log in to unmask]>

Reply-To:

LibLicense-L Discussion Forum <[log in to unmask]>

Date:

Thu, 26 Feb 2015 23:41:38 -0500

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (46 lines)

From: "Hamaker, Charles" <[log in to unmask]>
Date: Thu, 26 Feb 2015 05:29:40 +0000

I think it isn't library licensed resources that are the thrust of the
Politico article, though they are a concern of course to libraries.

Pearson's EULA for websites/etc, 1. Requires indemnification.  2.
Venue for US purposes is in the county of New York, State of New York.
3 Has an injunctive relief clause.  4. Is valid they say, for children
13 and above (have your normal teenager read this, or even try!)  5.
Contains this zinger "Pearson may change any of the terms in this
Agreement at any time..." Of course your continued use of the product
means you agree with the changes.  But not to put too fine an edge to
it, the EULA also stipulates, "This Agreement is the entire agreement
between Pearson and You with respect to the Website."  My copy at 13.3
point font is 19 pages.

(You can find the major Pearson EULAs here:
http://247pearsoned.custhelp.com/app/answers/detail/a_id/11786/~/pearsons-end-user-license-agreement-and-privacy-policy)

Ok, how many of you out there would expect a 13 year old to understand
and be responsible for accepting a 19 page EULA in order to use a
Pearson website,  understand injunctive relief, be able to agree to
indemnification, and of course be bound by unknowable changes in
advance?

That's just a cursory read.  I'll be back hopefully with a more
careful read later after I've had more time to digest this.  Anyone
out there want to help?

Thanks

Chuck

P.S. And I should mention, as befits an international company the EULA
provides for servers in other countries holding your personal
information:

IF YOU RESIDE IN THE EUROPEAN UNION, CANADA OR OTHER JURISDICTION WITH
SIMILAR DATA TRANSFER REGULATIONS, BY ACCEPTING THE TERMS OF THIS
AGREEMENT, YOU EXPLICITLY CONSENT THAT THE PERSONAL INFORMATION YOU
PROVIDE MAY BE TRANSFERRED AND STORED IN COUNTRIES OUTSIDE THE EU,
CANADA OR YOUR RESIDENT JURISDICTION, INCLUDING THE UNITED STATES. IF
YOU FAIL TO PROVIDE YOUR CONSENT, YOU WILL NOT BE PERMITTED TO ACCESS
THE SERVICES FOR WHICH REGISTRATION IS REQUIRED.

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