24 Documentation, Support
Erik Limpitlaw
Desired Result
The goal of these sections is to ensure that, after the acquisition of the licensed materials and the signing of the license agreement, the licensor remains actively involved in supporting the licensee. This includes providing assistance with the setup and integration of the resources, facilitating their implementation within the licensee’s systems, and offering training for both the licensee’s staff and authorized users to ensure effective access and use.
What it means
While there may not be a specific legal requirement mandating these licensor obligations, their inclusion in license agreements reflects the complexity of electronic resources and the importance of support as part of the services libraries are acquiring. Historically, support and training were not always considered part of the acquisition process, leaving library staff without the resources to effectively implement new e-resources or train and support users. Codifying the licensor’s obligation to provide support during business hours ensures that these critical services are available when needed.
This section also defines the scope of the vendor’s promise to provide support, addressing expectations for implementation, operational assistance, and general use of the licensed content. A key legal concern is ensuring that the language of the agreement reflects the institution’s specific needs and expectations. For instance, the distinction between “may” (language of permission) and “shall” (language of requirement) is crucial. If the institution insists on receiving certain services, it is vital to use precise, mandatory language such as “shall” to clearly communicate the licensor’s obligations and avoid ambiguity.
Desired language
Example clauses:
“Documentation. Licensor will provide complete and up-to-date help and operational documentation for Licensee and Authorized Users in an electronic format.” (CDL Model License 2016)
“Support. Licensor will provide activation and installation support, including assisting Licensee and Authorized Users with the implementation of any Licensor software. Licensor will offer reasonable levels of continuing support to assist Licensee and Authorized Users in use of the Licensed Materials. Licensor will make its personnel available by email and/or phone during Licensee’s regular business hours, Monday through Friday, for feedback, problem-solving, or general questions and will respond in a timely manner.” (CDL Model License 2016)
Tricks & Traps
The trick here is paying attention to time zones and overlapping business hours when dealing with technical contacts. Ensure you have specific phone numbers, emails, and availability noted for quick reference.
Avoid assuming the licensor will automatically provide support and documentation. As e-Resources grow more technical, it’s crucial to push for sufficient support and training from the licensor upfront, minimizing demands on library staff resources. Maintaining regular communication with vendors helps ensure timely updates on contact changes and other important information.
Importance & Risk
The overall importance of these sections is to recommit the licensor to providing necessary assistance post-acquisition. By ensuring training for both licensee and authorized users, the e-Resource is optimally positioned to be better utilized by authorized users while reducing the strain on library resources.
