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Licensor obligations

The obligations of the Licensor described in this section are often directly related to ensuring the licensed resources are accessible and discoverable. This clarification is important because a Licensor’s obligations and responsibilities are typically distributed across various parts of a license agreement. For instance, while a Licensor has legal responsibilities to comply with laws and regulations, these are generally addressed under a separate section dedicated to legal compliance. Consequently, enumerated obligations for any party, including the Licensor, may not always appear in expected locations, grouped together, or addressed in any consistent order. As a result, careful review of the entire license agreement is necessary to fully understand the scope and placement of each party’s responsibilities.

Despite this distinction, we address the items below together to protect all parties in case of issues with uptime guarantees, support response times, or maintenance schedules, ensuring the resource works as expected. This approach allows us to identify the assigned standard of care a vendor is to use and hold them accountable in performance and meeting these thresholds. The standard of care used to measure and evaluate a licensor’s performance of its obligations is “reasonable efforts to ensure that its performance will meet or exceed industry standards and practices.” (CRL Model License 2014)

License

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E-Resource Licensing Explained Copyright © 2024 by Sandra Enimil, Rachael Samberg, Samantha Teremi, Katie Zimmerman, Erik Limpitlaw is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License, except where otherwise noted.