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LICENSING  2001

LICENSING 2001

Subject:

Re: Adobe Contractual Licensing Programme - governinglaw clause

From:

Bob Blackmun <[log in to unmask]>

Reply-To:

The EDUCAUSE Software Licensing Issues Constituent Group Listserv <[log in to unmask]>

Date:

Thu, 29 Nov 2001 13:03:08 -0500

Content-Type:

multipart/mixed

Parts/Attachments:

Parts/Attachments

text/plain (52 lines) , Bob Blackmun.vcf (1 lines)

This issue (re governing law, and also indemnification) has also arisen with respect to EduCause's Customer Service Agreement for .edu domain names.  I'd be interested to know if any institutions or systems have been successful in obtaining a change in such language, either with EduCause or with the previous administrator of the .edu domain names.

-Bob

Robert R. Blackmun
Assoc. VP for Info. Resources & Technology
NC Community College System
200 W. Jones St., 
5006 Mail Service Center
Raleigh NC 27699-5006
(919) 733-7051 / fax (919) 733-5901
Internet: [log in to unmask]

************************************

>>> [log in to unmask] 11/29/01 08:46AM >>>
Well, we have that problem from time to time. Usually, although not always,
we have been able to convince a vendor that we have to modify the governing
law to State of Ohio by citing that this is a requirement via state
legislation and there is nothing we can do about it. I think we recently
discussed this scenario with Adobe and they seemed open to it. In a couple
of cases we have not been able to change to Ohio law but our legal has been
able to accept "the laws of the United States" in stead and the vendor has
gone along with that.

At 04:37 PM 11/29/2001 +0800, you wrote:
>The Adobe Contractual Licensing Programme (CLP) is being promoted by Adobe
>in Australia currently. It is of interest and there are some savings to be
>gained through the programme.
>
>However, our legal advisers are very concerned that Adobe do not seem
>prepared to amend the governing law from that of the laws of the Netherlands
>to local law (i.e. for us, the state of Western Australia"). In the unlikely
>event of an issue of any kind, we might be swept up in a very expensive
>legal suit, in a foreign country, in a foreign language, and thus burn all
>the licence fee savings we sought to find through the CLP.
>
>What experience do other institutions have with persuading Adobe to modify
>the governing law clause in their licences, from the Netherlands to an
>english-speaking country? And, any other experience with the CLP in general?
>
>Thanks in advance.
>
>Ian
>--
>Ian Hill, Manager, Quality & Policy [VK6KIH] Ph +61 8 9266 4625 Fax +61 8
>9266 2673
>Curtin University of Technology,  Information Management Services
>Kent Street, Bentley, Western Australia, 6102.


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