I agree that the clause is a silly one and that reasonable endeavours or suchlike is the most a vendor might expect but have many librarians been sued or is this another joke by Dr. Masters? Anthony -----Original Message----- From: LibLicense-L Discussion Forum [mailto:[log in to unmask]] On Behalf Of LIBLICENSE Sent: 13 November 2012 19:43 To: [log in to unmask] Subject: Re: no negotiations question From: Ken Masters <[log in to unmask]> Date: Tue, 13 Nov 2012 08:40:52 +0400 Hi All It's quite easy, actually. There is no particular action, because it includes EVERYTHING. Given that the terms of use will include prevention of allowing outsiders access, it simply means (for example) that the client (you) has the responsibility of ensuring that not a single one of your staff and students ever shares a user name and password with anyone else, never has their computers hacked with spyware, stolen, accessed through wifi snoopers, etc., that your entire university database of usernames and passwords is absolutely secure, and that, if any breach occurs that allows an outsider to access the journal, then you'll find yourself paying a fine or in court. I mean, those are surely not unreasonable demands (if you're working for Fort Knox or the CIA, that is). When you query that at the time of signing, you'll probably be told not to worry too much about it, as those are just "fairly standard and legal clauses" that "everyone signs." The rep will probably even crack a silly joke about "you know how stuffy the lawyers are." When the breach occurs, however, you'll find out just how quickly that defence vapourises, and just how expert those lawyers actually are. Regards Ken ------ Dr. Ken Masters Asst. Professor: Medical Informatics Medical Education Unit College of Medicine & Health Sciences Sultan Qaboos University Sultanate of Oman