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ITPSM  2006

ITPSM 2006

Subject:

Indemnity clause

From:

Jim Phillips <[log in to unmask]>

Reply-To:

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

Date:

Tue, 23 May 2006 14:06:42 -0700

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (29 lines)

In contracts I have reviewed lately (iTunes, Task Stream, Bb ASP), there
is a clause that asks our institution to grant [Vendor] a  royalty-free
sub-license for all the content they post. In some cases, they even use
wording like "perpetual"....

While I can see the need for this from the vendor's perspective, it
does grant them quite a lot. Does anyone else feel a strong resistance
to these sorts of clauses?

Also, as one would expect, our institution is completely responsible
for content posted by our faculty and students. Does anyone know if
there is insurance policies available to protect an institution from
content that infringes on copyright, permissions, or is in some way
illicit yet somehow manages to get posted? Beyond insurance and/or just
strong procedures, does anyone have any other possible solutions?


Jim Phillips
Director of Educational Technology Services
University of the Pacific 
3601 Pacific Avenue
Stockton, California 95211

[log in to unmask]
(209) 946-7471

**********
Participation and subscription information for this EDUCAUSE Constituent Group discussion list can be found at http://www.educause.edu/groups/.

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