Re: "Governing law" in license agreements

["Tracy L. Thompson" <tracy.thompson@yale.edu>]

In the license agreements that I negotiate on behalf of the 
consortium I include language to the effect that the applicable 
law will be the "laws of the state of the subscribing 
institution." This covers all of the subscribers and takes care 
of the state institutions that cannot subject themselves to the 
laws of another jurisdiction. With some non-U.S. based vendors 
and publishers we have compromised and agreed to apply the laws 
of the state of NY. We also will opt to remain silent rather than 
subject member libraries in 30+ states to the laws of the state 
of the publisher/vendor. I have always found vendor/publishers 
willing to at least accept silence as a compromise. Good luck!

Cheers,

Tracy L. Thompson, Executive Director
New England Law Library Consortium (NELLCO)
www.nellco.org
603-357-3385 (voice)
603-357-2075 (fax)
tracy.thompson@yale.edu


At 10:33 PM 2/6/2006, you wrote:

> 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