From: Tessa Minchew <[log in to unmask]> Date: Tue, 26 Nov 2013 09:19:11 -0500 If you are super-cautious, then we are as well. Jurisdiction is a part of of our mandatory contract language. We need it to be silent or set to North Carolina. According to our purchasing guidelines, we couldn't sign a license that didn't comply with this. I haven't run into a publisher that refused to change it, but I'm also new here and haven't negotiated scads of licenses yet. Hope that helps! Tessa L.H. Minchew Electronic Resources Librarian Acquisitions & Discovery North Carolina State University Libraries [log in to unmask] On Mon, Nov 25, 2013 at 6:11 PM, LIBLICENSE <[log in to unmask]> wrote: > > From: Ann Shumelda Okerson <[log in to unmask]> > Date: Mon, 25 Nov 2013 08:35:55 -0500 > > Forwarded from another list for any liblicense-l comment and reply. > > ---------- Forwarded message ---------- > From: Jan Clark <[log in to unmask]> > Date: Mon, Nov 25, 2013 at 5:14 AM > Subject: Law clauses in licences > To: [log in to unmask] > > Can anyone tell me how they handle foreign law clauses in site > licences please? Our normal procedure is to ask publishers if they > will change the stated law or remain silent on the subject (allowing > us to cross out the clause). In most cases publishers are happy to do > this, but occasionally we come across a publisher who is reluctant to > do this. We are currently experiencing this with Thieme, which may > result in our not being able to subscribe to a particular journal that > has been requested by a department. The clause mentioning law states: > > "6.3 The provisions of substantive law applicable within the Federal > Republic of Germany shall apply exclusively, and the principles of the > conflict of laws under private international law, which would justify > the applicability of foreign law, shall not apply." > > Our logic is that we can't agree to abide by laws we don't understand > - but are we being super-cautious? What do other people do? > > Thanks > Jan > > Jan Clark > Robinson Library > Newcastle University > Newcastle upon Tyne > NE2 4HQ