UPDATE: AGU site license - indemnity clause

["Donley, Leah" <donley@bnl.gov>]

I just wanted to post an update on our quest for agreeable 
language regarding indemnification in the AGU site license. We 
were able to use the language that was suggested by Karine 
Blaufuss of AGU (her original post appears below).  Thank you to 
Karine as well as the other individuals who responded both on and 
off list regarding indemnification language. The examples we saw 
were truly invaluable and helped us to quickly come to a workable 
agreement when we were under a tight deadline. I apologize for 
the delay of this update, but wanted to wait until everything was 
finalized before posting.

Leah Donley
Librarian
Brookhaven National Laboratory
donley@bnl.gov

-----Original Message-----
From: owner-liblicense-l@lists.yale.edu
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Karine Blaufuss
Sent: Wednesday, September 17, 2008 6:53 PM
To: liblicense-l@lists.yale.edu
Subject: Re: AGU site license - indemnity clause

Dear Leah,

I read your email on the listserv and have been apprised of the 
negotiations between you and Sonya Washington regarding the 
license agreement. After further research, we found some language 
we have used for another government entity and that I think we 
can use with Brookhaven National Laboratory. Please let us know 
if this language is appropriate in lieu of the current 
indemnification clause:

"EACH PARTY IS RESPONSIBLE FOR ITS OWN NEGLIGENCE AND WILLFUL 
MISCONDUCT OR BREACH OF THIS LICENSE. BOTH PARTIES RECOGNIZE AND 
ACKNOWLEDGE THAT THE PRODUCT IS DELIVERED *AS IS* AND THAT ALL 
WARRANTIES EXPRESS OR IMPLIED ARE DISCLAIMED. THE PARTIES AGREE 
THAT THIS LICENSE IS SUBJECT TO THE COPYRIGHT ACT AND LAWS 
GOVERNING INFRINGEMENT OF COPYRIGHTS AND OTHER INTELLECTUAL 
PROPERTY RIGHTS INCLUDING, WITHOUT LIMITATION, 28 U.S.C. SEC. 
1498(B)."

Regards

Karine Blaufuss
Group Manager, Marketing & Membership
AGU
2000 Florida Ave. NW
Washington, DC 20009
Direct: 202-777-7473
Fax: 202-328-0566
kblaufuss@agu.org
www.agu.org