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- Comments: Gated by NETNEWS@AUVM.AMERICAN.EDU
- Path: sparky!uunet!gatech!europa.asd.contel.com!howland.reston.ans.net!paladin.american.edu!auvm!IDBSU.BITNET!ALILESTE
- Message-ID: <CDROMLAN%92122113523921@IDBSU.BITNET>
- Newsgroups: bit.listserv.cdromlan
- Date: Mon, 21 Dec 1992 13:38:53 MST
- Sender: "CDROMLAN@IDBSU - Use of CDROM Products in Lan Environments"
- <CDROMLAN@IDBSU.BITNET>
- From: Dan Lester <ALILESTE@IDBSU.BITNET>
- Subject: license agreements
- Lines: 54
-
- I'm back from two eye surgeries, though still recuperating at home. Now
- that I've read the flames between OEDII and some others, I'd like to offer
- a few added comments, in general, and NOT related just to OEDII.
-
- 1. The vendor has the right to put any 'sensible' or 'stupid' terms
- in the license agreement that they wish.
-
- 2. Any customer (library or other) has the right to NOT buy the product
- because of said terms in the agreement.
-
- 3. Upon purchase, the customer is morally bound to follow said agreement.
- I do NOT say legally bound, as the status of 'shrinkwrap agreements'
- is hazy at best. If it is a mutually signed agreement, as a separate
- document, then there is a legal contract that must be observed as well.
-
- 4. The customer may wish to negotiate with the vendor. If such negotiations
- reach some mutually agreeable conclusion, both parties should obtain written
- copies of such a signed agreement, and then abide by it.
-
- 5. In my opinion, it is reasonable for a vendor to charge some extra amount
- for a single-user network license, as compared to a standalone license.
- Usually the vendor has some extra costs in providing the networkable
- software, as well as extra costs in supporting it in a more complex
- environment. In addition, there are potential losses in sales in some
- situations. If the extra amount is a surcharge of more than 25% I would
- consider it excessive and would likely not sign such a contract.
-
- 6. It is also reasonable for a vendor to have additional levels of surcharge
- for various levels of network simultaneous access, such as 2-4 users, 5-8
- users, or whatever. Whatever is paid for by the library should be
- scrupulously observed in the operation of the network. A variety of software
- solutions to such monitoring and control have been discussed on this list
- in the past.
-
- 7. A vendor who develops his/her own limiting/controlling software to
- make sure the library does not violate the agreement is ignorant, regressive,
- and out of touch with the mainstream of the current state of CDROM networking.
- Such a vendor is also out of touch with the current state of general PC
- software networking as well. Such vendor developed software provides a
- multitude of potential problems for the library networker, and I would probably
- not use such software for that reason.
-
-
- Happy holidays to all.
-
- dan
-
- *****************************************************************************
- * Dan Lester Bitnet: alileste@idbsu *
- * Associate University Librarian Internet: alileste@idbsu.idbsu.edu *
- * Boise State University *
- * Boise, Idaho 83725 BSU and I have a deal: I don't speak *
- * 208-385-1234 for them and they don't speak for me. *
- *****************************************************************************
-