ACQNET: Re - Polk Directories Licenses

Date: Fri, 31 Oct 2003 8:45 AM
From: Linda Lewis (Univ. of New Mexico) <llewis_at_unm.edu>
Subject: Polk Directories Licenses

Hi
We had the same problem, and could never get the contract changed. 
Eventually they agreed to accept a Sales Contract which does not have the 
same problematic clauses and looks much more like a basic invoice.

Linda Lewis
University of New Mexico General Library
Collection Management and Resource Acquisitions Director
505-277-7828
llewis_at_unm.edu
fax: 505-277-4446



--On Thursday, October 30, 2003 5:15 PM -0500 Eleanor Cook 
<cookei_at_appstate.edu> wrote:

> [Ed. note:  We are suggesting they post this also to LibLicense-L]
>
> Date: Thu, 30 Oct 2003 08:01:30 -0500
> From: Doug Yancey (Salem, OR PL) <dyancey_at_mail.open.org>
> Subject: Polk Directories licenses
>
> I am forwarding this question on behalf of my director.  Any comments
> from libraries who have had a comparable experience are most welcome.
> Thanks.
>
> Doug Yancey
> Salem Public Library
> 585 Liberty St SE
> Salem, OR  97309
> 503-588-6214
>
>>>> Gail Warner 10/29/03 04:34PM >>>
> Has anyone had problems with the licensing agreement sent out by the
> publisher's of Polk's Directories?  Salem's legal department has advised
>
> Library staff that there is unacceptable risk involved in signing the
> agreement.  I quote from a recent e-mail sent to SPL concerning the
> issue:
>
> "The license is limited to the City of Salem employees and does not
> include Library patrons.  For other departments this is not a problem
> because City employees, such as Building and Safety, use it internally
> but do not make it available to the public. The Library is different
> because it will be used almost exclusively by patrons.  In order not to
> violate the provisions of the license, RL Polk should stipulate in the
> license that it is not just limited to City employees but can also be
> used by Library patrons.
>
> There is also a provision where they want us to accept liability for
> third party claims.  As an example, if someone used the directory to
> stalk and commit a crime against another person, the City would agree
> that RL Polk could not be held liable and that we would accept their
> liability. I don't think these are risks the City should accept in a
> written licensing agreement."
>
> SPL staff have been working on this issue since July, and making no
> progress with RL Polk, who won't sign an amended agreement, or with our
> Legal Department, who won't authorize us to sign an agreement that does
> include Legal's amendments.   Any suggestions would be welcome.
>
> Gail Warner, Director
> Salem Public Library, Salem, OR
> gwarner_at_mail.open.org
>

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