RE: "Governing law" in license agreements

["Joanna Mitchell" <jmitchel@nmu.edu>]

We rarely, if ever, accept jurisdiction other than our own state. 
Many vendors alter this provision without objection when asked. 
We obtained some language from the university legal counsel on 
jurisdiction that can be quoted if the need to change 
jurisdiction is challenged.

Those who refuse to alter the jurisdiction often have plenty of 
unacceptable language elsewhere in the agreement.  If they don't 
budge, we look for a competing product.

_________________
Joanna Mitchell                               Phone: 906-227-1208
Collection Development Librarian              Fax:  906-227-1333
Olson Library                                 Email:  jmitchel@nmu.edu
Northern Michigan University
1401 Presque Isle
Marquette, MI 49855-1512

-----Original Message-----

[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Hinojosa, Rogelio H.
Sent: Monday, February 06, 2006 10:34 PM
To: liblicense-l@lists.yale.edu
Subject: "Governing law" in license agreements

Can you share your approach to clauses regarding "governing law" 
or jurisdiction in license agreements you have in place with 
database suppliers? It seems that in most cases a standard 
license agreement identifies that the governing law is that of 
the state where the vendor is located. Do you usually accept this 
provision as presented? Or do you ask vendors to make changes to 
this type of clause? And if so, what type of changes do you 
request in this regard?

Thank you in advance for your input,

Rogelio Hinojosa
Acquisitions/Serials
Texas A&M International University
Laredo, TX  78041-1900