32 · Survey Results: Survey Questions And Responses
Course packs research data sets downloading archive rights.
Definitions of authorized users and sites/locations covered.
In licenses we also look for: use of license content in course packs use of Canadian/international copyright law
broad range of user rights inclusion of access for small, non-local campuses access by IP scholarly sharing mutual
Inclusion of all university facilities regardless of location.
Indemnification, copyright, open access provisions.
License must include be IP accessible anytime/anywhere, digital copy, fair use, print copy. Would like the license to
include course pack, electronic link.
Meeting legally required state licensing terms.
Perpetual Access Post-Cancellation Fair Use.
Remote access number of simultaneously users course packs.
Terms that include: Indemnification, nondisclosure clauses, requires the monitoring of patron use, ...these are examples
of deal breakers.
Use of Usage Data reports Fees and Payment Terms.
We really prefer the ability to locally load the content.
Deal Breaker
Any clauses that require us, the licensee, to indemnify the licensor are deal breakers. Indeed, as is the case with other
public institutions, indemnification and applicable law are two factors that would prohibit the library from signing a
Inclusion of Arizona Provisions definition of authorized users indemnification.
Indemnification clauses.
Indemnification is a deal breaker.
Indemnification language, whereby library is asked to agree to indemnify vendor/resource provider is a deal-breaker. We
can’t agree to such per Massachusetts statute.
Indemnity clauses.
Mutual indemnification clauses from third party claim required by UC Regents.
Requirement for library to indemnify licensor is a deal breaker. Requirement for library to take responsibility for user
behaviour is a deal breaker. Perpetual access and archival provisions are very important. Fair use rights are important.
Site-wide campus license: if not an option, 95% of the time, that is a deal breaker. Also, “reasonable efforts” language
is important to us. That is, that the licensee is granted “reasonable efforts” in fulfilling our obligations.
We absolutely insist on being protected from claims arising from wrongful acts of our users (or hackers) who access the
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