Updated:  November 1998

1.  What is the LibLicense Guide to Digital Licensing?

The LibLicense Guide to Digital Licensing is a software program designed to assist in the drafting and negotiating of license agreements (also called "contracts") for digital information.  The software will guide the user through the major clauses commonly encountered during the negotiation of licensing agreements.   Based on information supplied by the user, the LibLicense software supports the creation of a draft license agreement. The user will be able to edit this draft in the rich text editor included with the software, or in his or her own word processing program.

2.  What can I use the LibLicense software for?

You can use it to create draft licensing agreements, revise existing agreements, and store relevant information relating to particular license agreements.  The included LibLicense Reference Guide can be used as an online guide to help in the drafting and negotiating of license agreements.

3.  Can I simply take a license agreement created by the software and present it to another party for negotiation?

NO!  While the LibLicense software is designed to create a complete agreement containing most of the terms commonly included in a license agreement, it is essential that you take the time to read and study the text of the agreement you created with the software, to make sure that it contains terms that you want and does not omit any terms that you need.  The software is not intended as a substitute for professional legal advice.

4.  What operating system does the software run on?

The software will run on Microsoft^® Windows^®95, Windows^® 98, Windows^® NT 4.0, Windows^® 2000 Windows^® Millennium.

5.   What are the hardware requirements for running the LibLicense software?

The LibLicense software requires a PC-Compatible computer 486 or better, 6 mb of hard disk space, 8 mb of RAM, with either Windows^® 95, Windows^® 98, Windows^® NT 4.0, Windows^® 2000, or Windows^® Millennium.

6.  How much does the software cost?

The cost of development has been funded through a grant from the Council on Library and Information Resources (CLIR).  The software can be download for free from the LibLicense web site at http://www.library.yale.edu/~llicense/index.shtml. A hard copy of the program is available on CD-ROM for a cost of $10.00.

7.  How do I obtain the software?

You can download a copy of the software from  http://www.library.yale.edu/~llicense/software.shtml   A hard copy of the program is available on CD-ROM for a cost of $10.00.  Send a message to Rod Stenlake at rodney.stenlake@aya.yale.edu if you would like a to receive a hard copy of the software.

8.  Why won't the LibLicense software install on my computer?
Why can't I install the software on my computer: I get error messages about a general file transfer error and Idapi32.cnf?

In order for the software to install correctly, it must install certain database components in a separate directory on your computer. Some of these files may already be on your computer if you use the Wordperfect Office suite, DBase, or Paradox. In those cases, the Liblicense installation procedure will update the existing database files to reflect the addition of the Liblicense software.

However, if you are using Wordperfect or the other relevant software products over a network, the Liblicense software may not be able to update the database files correctly, either because the database files are not located on your computer or because your computer does not have permission to modify the files. In those cases, the Liblicense software will not install correctly.

One solution to this problem may be for your network administrator to install the program for use to ensure that the the database files are updated appropriately.

But assuming your computer meets the minimum hardware and software requirements, the failure of the program to install is usually caused by differences in the version numbers of certain files in your Windows^® System that are used by the installation program.  If necessary, the installation program can be bypassed and the software installed manually.  Please contact Rod Stenlake at rodney.stenlake@aya.yale.edu to try to solve the problem.

9.  I received the following message when I tried to run the LibLicense software:  "This control requires version 4.70 or greater of COMCTL32.DLL".   What do I do?

Windows^® comes with a number of files in its system directory that control common features of a number of programs.  The LibLicense Guides requires that one of these files--comctl32.dll--be version 4.70 or greater to operate correctly.  To check if the version of comctl32.dll is the correct version, open "My Computer" and navigate to the directory where Windows^® is installed on your computer.  (This usually is "c:\windows").   Locate the "System" subdirectory under the Windows^® directory.   Locate the file comctl32.dll and right-click on it.  Click on Properties, then click on the "Version" tab.  Next to the label "File version" is the version number of the file.  If it is less than 4.70, you need to replace this file.  To update this file, download "40comupd.exe" from  http://www.library.yale.edu/~llicense/software.shtml and execute the file.

10.  Why do some items appear cut off on my screen?

The software was designed to operate at a resolution of 800 x 600 or greater.  If your screen size is set to 640 x 480, many of the items will appear cut off or otherwise unreadable.  Most monitors today are capable of resolutions of  800 x 600.

11.  How do I change my monitor's screen resolution so I can see everything in the program?

To change your resolution under Windows^® 95 and Windows^® 98:

Right click on your desktop. From the menu, select properties. Click on settings.  Under the heading "Screen Area" move the slider to the right to 800 x 600 pixels or more.  Click on OK.   Depending on how your computer has been set up, either Windows^® will tell you that you will have to restart the computer for the changes to take effect, or the screen display will change and you will be asked whether you want to keep the settings.  In either event, click yes.

12.  How can I change the order of the items in the licensing agreement?

You can change the order of the items during the editing phase, either in the rich text editor provided with the software or in your own word processor.  To do this, you cut/move/paste the item(s) in question.

13.  In what document format is the licensing agreement created?

The agreement is created in rich text format.

14.  What kind of document formats can be opened in the rich text editor included with the LibLicense software?

The rich text editor can read documents stored in the rich text format (rtf) and text (txt) formats.

15.  Can I use the rich text editor to edit documents created in programs other than the LibLicense software?

You can use the rich text editor to edit any document saved in the rich text format (rtf) or text (txt) format.

16.  Can I edit a license agreement created by the LibLicense software in my word processing program?

You should be able to open and edit a license agreement created with the software in any word processing program that can read rich text format documents, including Microsoft^® Word and WordPerfect.  You can then convert the agreement to any document format supported by your word processing software. Note that once you convert the document to a format other than rich text or text format, you will not be able to edit the document in the rich text editor supplied with the LibLicense software.

17.  Why do some clauses appear in the final agreement that I didn't select during the interview phase?

Certain so-called  boilerplate clauses (Force Majeure, Entire Agreement, Amendment, Severability and Waiver) routinely included in most commercial contracts have been automatically inserted in each agreement created with the software.  Of course, you may edit or delete any or all of them during the editing phase.

18.  How do I add clauses to the License Agreement that aren't covered in the License Profiler?

We tried to think of everything, but well....  You can add clauses during the editing phase in the rich text editor or in your word processing program.

19.  I work in a federal library.  How can I add Federal Acquisition Regulation (FAR) clauses to a license agreement?

You can insert the appropriate language during the editing phase in the rich text editor or in your word processing program.   Suggested language is:

"All of the terms and conditions set forth in this agreement are governed by the language of the following Federal Acquisition Regulation (FAR) clauses:  FAR 52.233-1, Disputes; FAR 52.249-2, Termination for the Convenience of the Government (Fixed-Price); and FAR 52.249-8, Default (Fixed Price Supply and Service). In the event any language in this agreement conflicts with the FAR clause provisions, the FAR provisions shall govern."

20.  The program tells me I have to fill information that I don't need in my agreement. What can I do?

The program considers certain clauses to be sufficiently important that it will not create a final License Agreement until you fill in some information relating to them.  If you believe any of the information is not needed in your agreement, simply enter some information during the interview process and delete it during the editing phase in the Rich Text Editor or your word processing program.

21.  Why can't I view the text of the license agreement before I finish entering all the information in the License Profiler?

The program is designed to walk the user through the major issues commonly encountered when drafting a license agreement.  Accordingly, the program requires the user to address these issues during the initial interview in the License Profiler before it will create a license agreement.  Once you have filled in all the required information, you can view the text of the Agreement at any time, and you can modify the information in the License Profiler while viewing the text of the agreement. To do this, select "Modify a License Profile" from the Advanced Options menu.  You can also view the complete text of particular clauses in the License Profiler at any time by clicking the "View Clause" button.

22.  How can I include a reference to the CONTU guidelines?

You can insert your own reference to the CONTU guidelines during the editing phase in the rich text editor or in your word processing program.

23.  Why aren't the clauses numbered consecutively in the License Agreement that is viewed in the rich text editor?

The software assumes that the user has selected information for each of the topics addressed in the License Profiler.  If the user decides not to include that information, or later deletes or moves information during the editing phase, the user must renumber the paragraphs to reflect those changes.

24.  Where are the license agreements that I create stored on my computer?

All agreements created by the License Profiler will automatically be saved to your LibLicense directory.  After you have created an agreement, you can move it to any directory you wish to edit it in the rich text editor or your word processing program.

25.  Where is the information that I input in the LibLicense Profiler stored?

The information that you input to the Licensing Profile will be stored as a record in a database under the name you originally assigned it when you created the License.

26.  I only need a short license agreement that contains a few essential terms. What can I do?

If you don't need all the terms that are presented in the LibLicense Software, you can load one of the sample short form licenses included in your LibLicense directory when you installed the program in the rich text editor and conform it to your needs.  Select "Revise a License Agreement" from the Options Menu and enter "shortform.txt" in the open file dialog box.

27.  How can I close a window that doesn't have a "close" button?

You can close any window by clicking on the "x" button in the extreme top right hand corner of the window.

28.  How do I exit the program?

To exit the program, press the Options button from whatever screen that is currently open. Close all screens that are currently open.  Then click "Close" on the Options Menu. The software will then close.

29.  What are the Advanced Options?

The advanced options are for experienced users who want to work directly with the database underlying the LibLicense software. The advanced options allows users to modify the data that is used by the software to customize a license agreement to reflect the user's input.  This collection of data is called a license profile. The data entered here tells the program what detailed information to insert in the text of a license agreement.

The advanced options are:

A.  Delete a license profile.  By selecting this option you can delete the data for a particular license agreement from the database of license profiles.  It WILL NOT delete any license agreements you have created with the program.

B.  Modify a license profile.   Under this option you can change the data for a particular license agreement.   You may want to do this if you have not finished a license profile, or if you want to change information you entered in creating a license agreement.  NOTE:  If you modify a license profile, and then elect to Create a License Agreement in the License Profiler, the program will overwrite any previous license agreements you have created from that profile IF YOU STORED THAT PROFILE IN YOUR LibLicense DIRECTORY.  If you want to maintain the earlier versions of license agreements, save them under a different name from the rich text editor, or move those documents to another directory on your computer.   Also, remember that any changes made to the text of a license agreement are not reflected in the license profile.  You must manually modify the profile using the "Modify Profile" advanced option if you want the profile to reflect changes you made during the editing phase.

C.  Create a License Profile from an Existing License Agreement.  This option essentially reverses the process used by the LibLicense software to create a license agreement. You start with the text of a licensing agreement, and cut and paste key provisions of the agreement into their corresponding issue headings.  For example, a license agreement from a vendor of digital information may be available on the Internet.  After you have saved that agreement in text or rich text format, you then select the "Create a License Profile from an Existing Licensing Agreement" Advanced Option.  The software will ask you to name the License Profile you will be creating from the information in the agreement.  You then open the License Agreement in the program, and select the text that corresponds to the information heading on the right, and click on that item.   The selected information from the license agreement will then appear under the heading you clicked.  You proceed in this manner through the list of issues.

When you have finished, you will have created a License Profile (similar in form to the data you would input in the License Profiler if you created a license yourself).   You can modify that License Profile by selecting the "Modify a License Profile" Advanced Option.  You can also create a license agreement from the information in the License Profiler.  This new agreement will not be a carbon copy of the original agreement, however.  The license agreement you have created will be a combination of the information you have entered from the original agreement, and information provided by the LibLicense software.

Of course, it may be that information included in the text of a license agreement is not covered by the issue tabs in the program.  You will not be able to store that information in a License Profile, unless you place it within an existing issue header.

D.  View License Profile Database.   This option allows you to view the data in your license profile database.  You can use this to compare clauses in different agreements. You cannot edit the information here--you must select the "Modify a License Profile" Advanced Option to change the information in a license profile.

30.  Why did the text of my license agreement change even though I didn't make any changes in it?

If you change the information in the License Profiler by using the "Modify a License Profile" Advanced Option and then create a license agreement from the License Profiler, the software will overwrite any previous license agreement texts that you created if you stored that license agreement in the LibLicense directory. To maintain different text versions of a particular license agreement, save the agreement to a directory other than your LibLicense directory, or rename the document.

31.  Will changes that I make in the text version of the License be reflected in the data that I input in the License Profiler?

NO! Any edits you make in the rich text editor or your word processing program will not automatically be made to the License Profile.  It is assumed that after you are satisfied with the information you have entered in the Profiler that you will make additional changes to the License in the rich text editor or your word processing program.  If you want to ensure that the License Profile accurately reflects the final version of the text of a license, you must either (1) Modify the License Profile from the Advanced Options Menu to correspond to the text version of the agreement, or (2) Use the "Create License Profile from an Existing License" function under the Advanced Options menu to create a new License Profile.

32.  What is a License Profile?

A License Profile is a collection of data stored in a database located in the LibLicense directory.  A License Profile is created when you enter information in the License Profiler in order to create your license agreement.  It can also be created when you click on "Create a License Profile from an Existing License" from the Advanced Options menu.

33.  What is the difference between a License Profile and a License Agreement?

A License Profile is a collection of data that is stored in a database.  A license agreement is an actual licensing contract that is created by the LibLicense software from information stored in the License Profile.   The LibLicense software creates license agreements by combining the information provided by you with some standardized information.

34.  Do I need to know the difference between a License Agreement and a License Profile?

Not really.  If your primary intended use of the LibLicense software is to create draft license agreements, there is no need to know anything about License Profiles.  You simply name your license, fill in the information and create the agreement.  After the software has created the agreement, any further work on the document will take place in the rich text editor or your word processing program.  In this case, the only instance in which you might need to know about License Profiles is if you need to stop working on a license before you have filled in all the information requested by the software when creating an agreement.  In that case, you would use the "Modify a License Profile" option in the Advanced Options menu.

You need to know about License Profiles only if you are interested in using the software to maintain a rough database of your license agreements.  The software provides several functions to enable you to create and view such a database.  These options can be found in the Advanced Options menu.

35.  What is the difference between "Revise a License Agreement" and "Modify a License Profile"?

 If you want to make changes after you have filled in all the information requested by the program and created a license agreement, you use the "Revise a License Agreement" function.  This opens the agreement in the rich text editor for word processing-style editing.  You use the "Modify a License Profile" function is you want to change or add to the information you entered in the License Profiler.

Remember:  any changes you make to the license agreement in the rich text editor will not be made to the License Profile.   And, if you make changes in the License Profiler and create a new agreement from that information, it will replace--not simply change--an  existing draft of the agreement under that name if it is stored in your LibLicense directory under the same name.   So, if you have made some textual edits to an agreement in your word processing program and then modify the information you used to create the agreement, and then create an agreement based on those changes, you will lose the edits you made in the rich text editor.  To create and maintain more than one version of an agreement, you must either create a new agreement under a new name, move the earlier version of the agreement text to another directory, or rename the earlier version in your LibLicense directory.

36.  When I modified some information concerning a license agreement in the License Profiler, what happened to the copy of the original license agreement I created?

If you select "Modify a License Profile" from the Advanced Options menu, any license agreement you create will be saved under the same name as the original agreement, overwriting any previous version of the Agreement with that name.   To save different versions of the same agreement, you must either (1) create a new license agreement under a different name,  (2) move the text version of your license agreement to another directory or (3) rename the text version of the license agreement and keep it in the default directory.

37.  Where can I get help in running the LibLicense software?

If the information in the on-line help files, the Readme.txt file in your LibLicense directory, and this FAQ fail to solve your problem, send an email message to Rod Stenlake at rodney.stenlake@aya.yale.edu with a complete a description of your problem and the steps you have taken to solve it.

38.  I have suggestions concerning how the software could be improved.  Whom do I contact?

We welcome your comments and suggestions.   Send them to Rod Stenlake at rodney.stenlake@aya.yale.edu and/or Ann Okerson at Ann.Okerson@yale.edu.

39.  Who developed the Liblicense software?

The Liblicense software was developed as an outgrowth of the Liblicense website project. The project was funded by a grant from the Council on Libraries and Information Resources to the Yale University Library and was directed by Ann Okerson . The principal   programmer was Rodney L. Stenlake , with input from volunteers from the Liblicense-l mailing list. We particularly wish to thank our dedicated and tireless reviewers for their efforts: Georgia Harper, Copyright Counsel, University of Texas System; Ellen Finnie Duranceau, MIT Library; Kimberly Parker, Yale Library.