Colleagues,
I know that a few of you have noticed the terms and conditions of using the Compusearch software include the following but suspect others have not yet done so —
Its no surprise that we, UAF, cannot accept either of these since the State of Arkansas claims sovereign immunity. For those of you who haven't discovered the problem yet, I suggest you get in touch with Ginny Baxter, xxxxxx@Compusearch.com, to negotiate an overriding agreement. To my query, Ginny responsed, "What we have done previously is that I can draft an agreement that would supersede the electronic version of the T&Cs that we have with the software - the University will need to click when accessing the software that it agrees to the T&Cs as they exist as we cannot change them in the software just for one user, but we can document this change to the affected provision(s) in a separate, written agreement executed by both parties."
- 12.1 Indemnification by Subscriber. Subscriber agrees to indemnify, defend, and hold harmless Compusearch, its officers, agents, employees, successors, and assigns, from and against any and all losses, liability, damages, settlements, fees, judgments, costs or expenses (including reasonable attorney's fees) (collectively, "Losses") arising from any claims, demands, suits or actions by a third party (collectively, "Third Party Claims") arising out of or in connection with any breach of these Terms or violation of applicable law by Subscriber or anyone using the FedConnect Services through Subscriber's account.
- 17.1 Governing Law; Dispute Resolution. These Terms will be interpreted, construed, and enforced in all respects in accordance with the laws of the Commonwealth of Virginia without reference to its choice of law principles. The parties agree not to commence or prosecute any suit or claim to enforce these Terms or otherwise arising under or by reason of these Terms, other than in the federal and state courts of competent jurisdiction in the Commonwealth of Virginia.
If this information has already been passed along via RESADM-L my apologies. I don't think I missed it but some days are busier than others. :)
Cheers to all,
Rosemary
Rosemary H. Ruff, Director
Research Support & Sponsored Programs
University of Arkansas Fayetteville
Fayetteville, AR 72702
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