Deleting Liability Clauses T Thompson 06 Apr 2009 21:16 UTC
Please forgive cross-posting.
We have had a recent change in the staff at our purchasing office, and the
director has been signing our licenses. He keeps crossing out the liability
clauses. I am including a sample.
"Except as provided in clause . under no circumstances shall the Publisher
(or the Publisher's Representative) be liable to the Licensee or any other
person, including but not limited to Authorized Users, for any special,
exemplary, incidental or consequential damages of any character arising out
of the inability to use, or the use of, the Licensed Materials.
Irrespective of the cause of form of action, the Publisher's aggregate
liability for any claims, losses, or damages arising out of any breach of
this license shall in no circumstances exceed the Fee paid by Licensee to
the Publisher under this License in respect of the Subscription Period
during which such claim, loss of damage occurred. The foregoing limitation
of liability and exclusion of certain damages shall apply regardless of the
success of effectiveness of the other remedies. Regardless of the cause or
form of action, the Licensee may bring no action arising from this License
more than six (6) months after the cause of action arises."
When I asked him why he crossed it out, this was his reply "Our insurance
will never allow us to indemnify and hold anyone harmless. What that
provision basically does is allows them complete freedom from any
ramifications of acts that they commit or fail to commit that they should
have done that result in damage or harm to someone or their property." How
would you respond to this? This is not how I read the clause but I may be
New Mexico State University Library
MSC 3475 P.O. Box 30006
Las Cruces, NM 88003-8006