SWIFT

Networked Electronic Resources License Agreement Checklist

When you read through the license agreement, check for the following: what is the case in the license under review,

Y = yes
N = no
? = no mention

In the comments section, note any other problems you detect.

1. Columbia Rights: Is Columbia accorded the following rights?
   (should all be yes or at least ?)

   Y     N     ?	1. Printing, downloading, and copying for scholarly purposes
   Y     N     ?	2. Can be used by Columbia's students, faculty, researchers, staff and walk-in users
   Y     N     ?	3. Interlibrary lending of information
   Y     N     ?	4. At least 30 days to mend any breach of contract of which it is guilty
   Y     N     ?	5. The right to terminate a contract with at least 30 days notice if the provider breaches the contract
   Y     N     ?	6. The right to a pro-rated refund in the case that the provider breaches the contract
   Y     N     ?	7. The right to collect its own internal use data

2. Columbia responsibilities and miscellaneous matters: Does the license agreement…
   (should all be no or at least?)

   Y     N     ?	8. Require Columbia to make other than "reasonable" efforts to notify its users of use restrictions?
   Y     N     ?	9. Require Columbia to adhere to terms between the vendor and a third party without detailing all of the terms
   Y     N     ?	10. Indicate the terms are subject to terms in another license (including a click-through license whether mentioned or not?)
   Y     N     ?	11. Require Columbia to not disclose the terms of the agreement?

3. Vendor responsibilities: Does the license agreement require the vendor to…
   (should all be yes or at least ?)

   Y     N     ?	12. Give 90 days notice of a change in the license if the terms of the license are subject to change?
   Y     N     ?	13. Agree to specific performance warranties and to pay the penalties in the case of failure to meet these levels of agreed upon performance?
   Y     N     ?	14. Give Columbia notice of any suspected or alleged use violations and give Columbia "reasonable time" to solve the problem?
   Y     N     ?	15. Give Columbia basic use data?
   Y     N     ?	16. Require the vendor to respect the confidentiality of personal use information?
   Y     N     ?	17. Hold Columbia blameless for any misuse of the information