Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/148

can retain digital copies after the license is cancelled. Often these ownership options do not include the search functionality of the database, so have a plan in place for making effective use of the content if you cancel the subscription. The language in this agreement does provide for perpetual access, which means the vendor will let the library keep accessing some content after contract termination, though the library will not own a copy of the content.

Non-free text has been removed from this page.

Comment: No surprise. The vendor will not assume responsibility for the content of the information in the database. Often vendors redistribute content published by other companies, so this generally makes sense.

Non-free text has been removed from this page.

Comment: We all understand that there may be glitches. The real question is whether they are serious, and how long they last. We have no problem agreeing that the vendor will not be responsible for minor interruptions in service or small data errors. But we do have a problem with sustained or continuous lapses in service.

Sometimes vendors will try to disclaim all warranties, both express and implied. If the vendor will not agree to any express warranties, you at least want the contract not to negate the implied warranties of merchantability and fitness for a particular purpose, which can provide important protections in the event that the vendor or the product does not perform as promised or expected. If the database or some part of it cannot be used for the purpose for which it was acquired, the library may want to terminate the contract and have the vendor refund part of the subscription payment.

Non-free text has been removed from this page.