Request for consideration of amendment/s to the CAUL licence for [IHS / ASTM Standards & ASTM Digital Library] from [Karen Brown (Monash)], [27NOV2015]

Publisher (licensor) / IHS
Product / ASTM Standards Online & ASTM Digital Library
URL of licence
(or full copy attached) / Full copy attached to email [dmc: IHS 2015 Subscription Agreement now (226KB Adobe PDF Document)]
Clause
(include clause number and full wording) / 1.1 “Authorised User” means that that the Client will be fully liable and responsible for the acts and omissions of its Authorised Users. [dmc: this clause has been replaced by the one in the text box on page 2]
Issue
(why is change requested/required) / We cannot sign the license with the first sentence as is, stating that we will be "fully liable and responsible for the acts and omissions of its Authorised Users" as we can’t control the actions of our Authorised Users. We can use reasonable effort.
Suggested change (proposed wording – please check http://www.caul.edu.au/datasets/CEIRC-licence-model-clauses.doc for already-approved options) / If the first sentence says ""Authorised User" means that the Client will use reasonable effort to ensure its Authorised Users comply with the license terms." that's okay.
Rationale or Justification / As above.
Importance
(High/ Moderate/ Low)
High: cannot sign licence unless this clause is changed
Moderate:
(please show level of importance)
Low:
(please show level of importance) / High: Cannot sign licence unless this clause is changed.
Party suggesting change / Monash University
Publisher (licensor) / IHS
Product / ASTM Standards Online & ASTM Digital Library
URL of licence
(or full copy attached) / Full copy attached to email
Clause
(include clause number and full wording) / 4.6 Client must secure all forms of Product files to prevent access by unauthorised individuals or local area network users.
Issue
(why is change requested/required) / We quite possibly cannot secure all forms of Product files to prevent access by unauthorised individual or local area network users, but we can use reasonable effort. In conjunction with the other terms in the license, this should suffice.
Suggested change (proposed wording – please check http://www.caul.edu.au/datasets/CEIRC-licence-model-clauses.doc for already-approved options) / If it says “Client will use reasonable effort to secure all forms of Product files…” that’s okay.
Rationale or Justification / As above.
Importance
(High/ Moderate/ Low)
High: cannot sign licence unless this clause is changed
Moderate:
(please show level of importance)
Low:
(please show level of importance) / High: Cannot sign licence unless this clause is changed.
Party suggesting change / Monash University

CAUL Template for Consideration of Changes to CAUL/CEIRC licences