From: "Black, Douglas M" <[log in to unmask]> Date: Mon, 21 Apr 2014 14:03:25 +0000 An argument can be made for trialing products in order to keep abreast of developments and stay aware of what's out there, especially if we know that in the foreseeable future we're going to be in the market for a particular type of resource. If something interesting appears that we'd like to learn more about and get input from faculty, it's our professional responsibility to do so. Legal counsel's position about not wanting to trial without a hope of purchasing is understandable for a couple of reasons. However, while they might well have a say on a final purchase agreement, they have no business specifying or limiting how librarians evaluate resources and keep abreast of developments. That's our profession. Fortunately, we don't have to get permission to conduct a trial. If a vendor required a signed agreement, I would simply write off the product. We almost always have to negotiate if we do go to purchase, and at that point, having already made or won concessions can be disadvantageous. Nor am I willing to conduct shuttle negotiations between the vendor and legal counsel, nor let the latter negotiate directly with the former, since an understanding of technical matters is important. That said, we don't trial products that we know we're not going to consider purchasing. It's not really fair to anyone: vendors, our faculty, and librarians asked to do the work of evaluating. Legal counsel might need some education on how librarians evaluate and select resources, and on how scholarly vendors in particular conduct their marketing. Best wishes, Douglas Douglas Black Collection Development Librarian Northern Michigan University 1401 Presque Isle Avenue Marquette, MI 49855 -----Original Message----- From: "Bhatt, Anjana" <[log in to unmask]> Date: Fri, 18 Apr 2014 17:16:01 +0000 We conduct more than 30 to 40 trials in an academic year but we have never been asked to sign a license agreement for a trial. All we provide is our IP ranges because we do have a policy to not to set up trials with use ID and passwords etc. I think you should explain to them that you can sign an agreement only in case of a purchase. You can also state that it is not your policy to sign agreement for the trial and if the vendor still does not back down then you have an option to not to trial their product, resulting which they will surely not get any business from you. I perfectly agree with you about legal department not willing to go through the review and signature formalities when the product may not even be purchased. My two cents>>>> good luck. Anjana Thank you. Anjana H. Bhatt University Librarian (Electronic Resources) Florida Gulf Coast University 10501, FGCU Blvd (South) Fort Myers, FL: 33965-6565 E-mail: [log in to unmask] http://library.fgcu.edu/FAC/abhatt/bhatt.htm -----Original Message----- From: Jennifer Williams <[log in to unmask]> Date: Thu, 17 Apr 2014 08:32:33 -0500 I would like to add a question to Nancy's. How common is it for vendors to require a signed agreement for a trial? I've just encountered this for the first time and my director is balking. The vendor admits that they are "new at this" (they are a new company) but does not show any signs of backing down on this requirement. Just my opinion, I can understand that legal may want to avoid the trialing of products that have completely untenable license stipulations. But it is their job to negotiate those licenses. And while getting a feel for what would need negotiating may sound like a good idea, it seems like a waste of their time when they don't know if the product will be picked up or not. Thank you, Jennifer C. Williams Electronic Resources & Collection Development Librarian J.F. Drake Memorial LRC Alabama A& M University [log in to unmask] -----Original Message----- From: Nancy Egan <[log in to unmask]> Date: Wed, 16 Apr 2014 16:53:38 +0000 Hello. Are there any librarians who work in public institutions who’ve had to have legal counsel look over (and approve) a vendor’s licensing agreement just to run a database trial? In one instance here, a vendor required a signature for a trial so the lawyer had to sign. However, now there’s been some suggestion that any vendor licenses should be reviewed before a trial—regardless of whether a signature is needed or not. Is this required (or has it been “suggested”) anywhere else? Thanks, Nancy Egan