From: Winston Tabb <[log in to unmask]>
Date: Tue, 13 Nov 2012 02:57:54 +0000

Libraries/librarians cannot be "responsible" for "ensuring" what users
do. It would be difficult to imagine any university counsel's agreeing
to such language.

----- Original Message -----

From: "B.E. Swetman" <[log in to unmask]>
Date: Fri, 9 Nov 2012 10:50:13 -0500

I'm also dealing with this contract and have a question about the
later portion of statement.

It says "The Client shall ensure that each User fully complies with
the terms of this Agreement (including the Terms of Use) and the
Client shall be responsible to The Economist for any failure so to
comply."

It has occurred to me that there is no particular action that we are
agreeing to be responsible to do. Does anyone know what this
"responsible to The Economist for any failure" actually means?

Barbara Swetman [log in to unmask]
Acquisitions and Serials Librarian
Hamilton College Library
198 College Hill Rd.
Clinton, NY 13323

On 10/31/2012 7:19 PM, LIBLICENSE wrote:

> From: Jennifer Castaldo <[log in to unmask]>
> Date: Wed, 31 Oct 2012 20:11:41 +0000
>
> Hello all,
>
> I monitor this list daily, but it is my first time posting. I am
> hoping you can help me!
>
> Earlier this year, Ebsco had to drop the full text version of the
> Economist from its aggregated databases (such as Academic Search
> Complete) due to a bid from the EIU for a semi-exclusive
> contract/rising costs.  So, now we are currently trying to get an
> institutional online subscription from the Economist directly, as this
> is the only way to get the full online version with images.
>
> I have issue with a line in their subscriber agreement:
>
> “The client shall ensure that each user fully complies with the terms
> of this agreement.”
>
> Typically, other subscriptions have a similar clause, but it is worded
> as such: “The client shall use reasonable efforts to notify users of
> the terms of this agreement.”  Worded this way I am obviously fine
> with.
>
> I have always been taught never to promise that we will “police” users
> and we have no way to “ensure” that users comply.  I have been trying
> to negotiate this small line in the agreement, but they will not
> budge. They said "this is a consumer based contract and we must
> maintain consistency in the terms for all users of the website. The
> contract is what it is."
>
> Have you all had any luck in dealing with similar situations?  Is this
> something that is not a big deal that I should just sign and overlook?
>
> Thank you in advance for any advice! Best,
> Jennifer
>
> Jennifer Castaldo
> Electronic Resources Manager/Distance Education Librarian
> Entrepreneurial Library Program
> Johns Hopkins University
> Baltimore, MD 21218
> [log in to unmask]
>
> Excelsior College Library
> [log in to unmask]