[Eril-l] How other institutions handle 'Click-through agreements'

[Nancy Donahoo]

**Apologies for cross-posting...**

Good day -

For the last few months, Boise State University staff have been examining
the legal implications of staff accepting 'click-through agreements'
without thoughtful consideration of how the 'terms and conditions' relate
to both University and State of Idaho policies and regulations.  There is
agreement that "Click Agreements are basically equal to signatures, which
are not inherently risky, but the contract that the click/signature is
agreeing to is the issue."

Efforts have been made by some on campus, such as the Library, to review
'click-through agreements', request changes when language violates known
policy or regulations, and work with providers/publishers to resolve
problems.  However, there are times when the provider/publisher absolutely
refuses to negotiate.

We are very interested in understanding how other institutions handle this
'licensing' problem where staff -- either without forethought or knowingly
-- accept 'click-through agreements' without any formal review process.

   - Is there a maximum threshold where any purchase under that amount is
   not a concern where the agreement is concerned?
   - Are there alternative purchasing avenues if the provider/publisher
   refuses to negotiate the 'terms and conditions' represented in the
   'click-through agreement'?
   - Has any state adopted the position of the federal acquisition clauses
   outlining unenforceability of terms of service (TOS) and end user license
   agreements (EULAs) with vendor click agreements for government entities:
      -

         Fed Acq Clause 13-202 <https://www.acquisition.gov/far/13.202>
         -

         Fed Acq Clause 52.232-39
         <https://www.acquisition.gov/far/52.232-39>

Any thoughts or information would be greatly appreciated, either on or off
list.  The committee reviewing these issues next meets on August 18th so it
would be useful to obtain any feedback before that date.

Regards,

Nancy Donahoo



-- 
*Nancy Donahoo (she/her/hers)*
*Manager*


*Serials , Electronic Continuing Resources & Federal Documents *

Albertsons Library* | Boise State University *


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Email: nancydonahoo at boisestate.edu
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