ARTstor license agreement indemnification clause

["Chen, Xiaotian" <chen@bumail.bradley.edu>]

Hi,

     Has anyone successfully removed the indemnification clause 
from ARTstor?

     I have always been successful in doing this until I deal with 
ARTstor.  Here is part of ARTstor's indemnification clause:

"ARTstor shall in no way be liable, and Licensee agrees that it 
shall not hold ARTstor liable, for any loss, injury, claim, 
liability, damages, costs, and/or attorneys fees for any and all 
violations and/or breaches of this Agreement by Licensee, its 
agents, employees, officers, directors, and/or breaches of the 
Terms and Conditions of Use by its Authorized Users, and/or any 
and all uses by Licensee, its agents, employees, officers, 
directors, and/or its Authorized Users that are unauthorized 
and/or exceed this Agreement or the Terms and Conditions of Use."

     ARTstor has refused my request to remove the above from 
Section 12.4, p.8 of the standard license agreement posted at 
http://www.artstor.org/info/participation_info/LicenseAgreement_ARTstor_ 
Trial.pdf.

---

Xiaotian Chen
Electronic Services Librarian
Bradley University
Peoria, Illinois 61625
309-677-2839
http://hilltop.bradley.edu/~chen/index.html