Comment: Standard language. You can't transfer the license to another institution.
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Comment: Also standard. If, for example, the "disclaimer of warranty" language was held to be unenforceable because it violates public policy or is preempted by federal law, the rest of the contract is still valid.
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Comment: You usually want the contract to be interpreted under the laws of your home state. If your library is publicly funded, your state may have laws requiring that contracts be interpreted under the laws of your home state. Although in most cases this probably is good for the library, it is not always true. For example, if your state enacted UCITA (Virginia and Maryland) you may be better off interpreting the contract under the laws of a state that did not. If you are operating under laws that prohibit a contract from stating that disputes will be governed by laws other than those of your home state, you may want to simply delete the choice of law section of the contract.
The last steps are to sign and date the contract. Both parties should have original signed copies of the contract.
You could look at other licenses for ideas about terms to include or exclude. One of the best sources, LicensingModels.org, suggests model licenses for private libraries, public libraries, single academic institutions, and academic consortia. LicensingModels.org puts in [square brackets] optional language for contracting parties to consider. Below you will find selected portions of LicensingModels.org's "Academic Single User License"[1] and our comments on some of the provisions.
- ↑ http://www.licensingmodels.org/SingleAcademicInstitutionLicense.html. This license has been placed in the public domain by its authors. Its authors are from the United Kingdom, so it follows British spelling conventions.
