Alterations to this License and to the Schedules to this License are only valid if they are recorded in writing and signed by both parties.
| Comment: This language prevents the vendor from modifying the contract simply by sending the library an e-mail or posting a notice on its website. Changes in the contract should be in writing and signed by both parties. |
This License may not be assigned by either party to any other person or organisation, nor may either party sub-contract any of its obligations, except as provided in this License in respect of the management and operation of the Server, without the prior written consent of the other party, which consent shall not unreasonably be withheld.
If rights in all or any part of the Licensed Materials are assigned to another publisher, the Publisher shall [use its best endeavours to] ensure that the terms and conditions of this License are maintained.
| Comment: If the vendor assigns rights to another publisher, the assignee should be bound by the agreement. If the new publisher cannot comply with the contractual terms or conditions, the library has a right to renegotiate the contract, or terminate it and get a pro rata refund of the contract price. |
Any notices to be served on either of the parties by the other shall be sent by prepaid recorded delivery or registered post to the address of the addressee as set out in this License or to such other address as notified by either party to the other as its address for service of notices. All such notices shall be deemed to have been received within 14 days of posting.
| Comment: We're not sure you need registered mail. E-mail and first-class mail for notices is fine. |
[This License shall be governed by and construed in accordance with {jurisdiction} law; the parties irrevocably agree that any dispute arising out of or in connection with this License will be subject to and within the jurisdiction of the courts of {jurisdiction}.]
| Comment: If you are at a state-funded institution, your procurement office probably will require you to insert your state’s name here. |
The Bottom Line on Licenses: Read a license carefully, and then read it again. If you do not like what you see, write in the changes (deletions,
