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