and Set Up
Problem Solving (digprob)
Principles of Licensing
should be guided by ALA's [http://www.arl.org/scomm/licensing/principles.html]
- A license
should be negotiable.
following points from the ALA principles should be emphasized:
license agreement should recognize and not restrict or abrogate
the rights of the licensee or its user community permitted under
copyright law. [#2] [and should refer to the specific section
of the copyright law that covers fair use [US Code Section 107]
and/or use the term "fair use" whenever possible.
license agreement should not hold the licensee liable for unauthorized
users of the licensed resource by its users, so long as the licensee
has implemented reasonable and appropriate methods to notify its
user community of use restrictions. [#4]
permanent use of a resource has been licensed, a license agreement
should allow the licensee to copy data for the purposes of preservation
and/or the creation of a usable archival copy. [#10]
license agreement should require the licensor to defend, indemnify,
and hold the licensee harmless from any action based on a claim
that the use of the resource in accordance with the license infringes
any patent, copyright, trade-mark, or trade secret of any third
license agreement should not require the licensee to adhere to
unspecified terms in a separate document of any kind. All terms
must be fully reiterated in the current license. [modified version
addition, the following principles are important:
license agreement should NOT require the licensee to indemnify
the licensor, particularly in cases of intellectual property infringement.
license agreement should have an exception to a cap on damages
related to use of the product (usually at the level of the subscription
fee) for cases involving intellectual property infringement.
license agreement should not include language that allows terms
and conditions to change without warning and agreement by both
parties. [similar to (or same as?) #11 of ALA]
license agreement should clearly define authorized users and authorized
license agreement should not commit the licensee to governing
law outside the licensee's state, or outside of a mutually agreed-upon
alternative (such as NY or CA).
license agreement should be countersigned.
license agreement should include the price of the product, or
make reference to an attached schedule that includes the price
of the product..
license agreement should not contain vague, undefined terms (such
as "personal use" or "private LAN").
other principles to consider, of less importance but still significant:
license agreement should not impose unrealistic late payment fees
license agreement should not require termination for any but a
serious (material) breach; see #8 of ALA for requirement that
notice be given along with a reasonable cure period.
license agreement should not require that the defendant (licensee)
give up the right to bring suit to his/her own state if plaintiff
has presence in that state.
license agreement should not prohibit disclosure of its entire
license agreement should not use the term "best efforts"
with respect to the licensee's responsibilities, since this phrase
assumes the availability of unlimited resources rather than a
standard for behavior set by peer institutions [as is the case
with "reasonable efforts"]