Hi Gavin,
Yes, our contracts department has pulled numerous clauses in it as questionable. I'm not sure if we are going to sign it or not yet. The two you have pulled out are of particular concern as it is against University policy to offer indemnities. This is mainly due to the fact as a charitable organisation , under Trust law we must protect our assets for the purposes of education and research. Our insurers have also advised that they may not cover a claim where indemnity has been given.
It has caused us problems with licensing other resources too, and we have been unable to subscribe to a couple of resources in the past due to unlimited liability clauses in licences.
Regards,
Anne
Anne Knight
Head of Content, Digital & Client Services, Cranfield Library & Information Service,
Kings Norton Library, Cranfield University, Cranfield, Bedfordshire MK43 0AL
W: www.cranfield.ac.uk E: [log in to unmask]
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-----Original Message-----
From: An informal open list set up by UKSG - Connecting the Information Community [mailto:[log in to unmask]] On Behalf Of Gavin Brindley
Sent: 20 November 2014 12:47
To: [log in to unmask]
Subject: [lis-e-resources] Digimap Main HE and FE Licence with End User Agreement 2014
Is anybody else troubled by the liability (clause 15.10), indemnification (clause 15.15), and numerous clauses requiring excessive policing contained in the Digimap Main HE and FE Licence End User Agreement 2014?
15.10 Your liability to Jisc Collections in respect of any infringement or breach of Intellectual Property Rights by you or any Authorised User or other party which has obtained Licensed Data or access to the Digimap Service from you shall be limited to five hundred thousand pounds (£500,000) in respect of any infringement.
15.15 Subject to Clause 15.10, you shall fully indemnify and keep indemnified Jisc Collections and Ordnance Survey against all claims, demands, actions, costs, expenses (including but not limited to full legal costs and disbursements), losses and damages arising from or incurred by reason of any default, act or omission of you or your Authorised Users connected with any infringement or alleged infringement (including but not limited to the defence of such alleged infringements) of any Intellectual Property Rights in the Licensed Data and/or in connection with the subject matter of this Agreement.
Regards
Gavin
Gavin Brindley
E Resources Manager
024 76887530 (ext.7530)
Lanchester Library
Coventry University
Gosford Street
Coventry
CV1 5DD
lis-e-resources is a UKSG list - http://www.uksg.org UKSG groups also available on Facebook and LinkedIn Follow us on Twitter: https://twitter.com/UKSG
lis-e-resources is a UKSG list - http://www.uksg.org
UKSG groups also available on Facebook and LinkedIn
Follow us on Twitter: https://twitter.com/UKSG
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