Required Modifications to Clauses

There are certain that we are required to remove or modify in any contracts that we negotiate. Please consider adjusting your license agreement to include our preferred language prior to sending it to us. This will help speed up the process on our end, and we can complete the licensing process sooner.

Clause Suggested Language or Modifications:
Jurisdiction:

The state of jurisdiction must be the state of Montana. If the governing law is based in another state, our suggested clause is: 

  • This agreement and all of the rights and obligations of the parties hereto and all of the terms and conditions hereof shall be construed,interpreted, and applied in accordance with and governed by and enforced under the laws of the State of Montana.
Indemnification: MSU Library has no legal authority to offer indemnification to a vendor; therefore, any clauses stating that we will indemnify you must be removed from the license.
Accessibility: When entering into an agreement with a third-party provider, MSU Library requires that a clause about accessibility is included in the license agreement. If the third-party has an existing accessibility clause that is inadequate, or they do not have one at all, Please consider adjusting your license agreement to include our preferred language prior to sending it to us. Please provide us with a VPAT as well. 
Confidentiality: MSU Library values transparency and advocates for all publisher contracts to be openly available. We ask that any confidentiality clauses be removed from an agreement.
User Privacy: Please include a clause explaining your policy on user privacy with any relevant links to policies. For our requirements on user privacy, review the MSU Library's privacy policy.

Other Details to Address and Include

Additionally, please consider addressing the following information in any agreements or contracts that we negotiate with you prior to sending us the document for review:

Item What to address:
Usage Statistics: Are your usage statistics COUNTER compliant? Can data be SUSHI harvested? If not, please explain how you will provide usage data to us.
Perpetual Access: Are perpetual access rights included?
Text Data Mining (TDM):  Is TDM permitted? If so, to what extent?
Simultaneous Users: Are an unlimited number of users allowed to access resources? Is there a limit?
Authentication: How will our access be authenticated? We prefer IP authentication.
Interlibrary Loan: Is this permitted? Is so, to what extent?
MARC Records (eBooks): Do you provide MARC records? Is there a fee?