Universal Accessibility Interest Group (ACRL)

Accessibility Statements for License Agreements/ Contracts

  • 1.  Accessibility Statements for License Agreements/ Contracts

    Posted Apr 02, 2010 02:38 PM

    Temple University Contract Language


    Available on Temple's Guide to Accessible Purchasing Introduction


    California State University Contract Language


    Americans With Disabilities Act (ADA)


         Contractor warrants that it complies with California and federal disabilities laws and regulations. (Americans with Disabilities Act of 1990,42 U.S.C. 12101 et seq).  Contractor hereby warrants the products or services it will provide under this Contract comply with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, Part 1194. Contractor agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services. Contractor further agrees to indemnify and hold harmless CSU from any claims arising out of Contractor’s failure to comply with the aforesaid requirements. Failure to comply with these requirements shall constitute a material breach of this Contract.


    Report of the ARL Joint Task Force on Services to Patrons with Print Disabilities


    http://www.arl.org/focus-areas/copyright-ip/2342-report-of-the-arl-joint-task-force-on-services-to-patrons-with-print-disabilities-nov-2-2012


    "As libraries negotiate these terms it may be helpful to begin with reference to model

    language that has been proposed by several organizations. This language is designed to

    permit libraries to make content in their collections fully accessible. This model

    language is based on several existing model documents, including the Northeast

    Research Libraries Consortium Generic License, the California Digital Library Model

    License Agreement, the Ontario Council of University Libraries (OCUL) Draft

    Language for Model Licenses, and draft language developed by OCUL for local load

    agreements. Of course, this language should not be used uncritically as “boilerplate.”

    Individual institutions should instead use this as a starting place to begin their own

    consideration of these issues.

     

    Model US License

    Licensor shall comply with the Americans with Disabilities Act (ADA), by supporting

    assistive software or devices such as large-print interfaces, text-to-speech output,

    refreshable braille displays, voice-activated input, and alternate keyboard or pointer

    interfaces in a manner consistent with the Web Content Accessibility Guidelines

    published by the World Wide Web Consortium’s Web Accessibility Initiative. Licensor

     shall provide Licensee current completed Voluntary Product Accessibility Template

    (VPAT) to detail compliance with the federal Section 508 standards. In the event that the

    Licensed Materials are not Accessibility compliant, the Licensee may demand that the

    Licensor promptly make modifications that will make the Licensed Materials

    Accessibility compliant; in addition, in such an event, the Licensee shall have right to

    modify or copy the Licensed Materials in order to make it useable for Authorized Users."

     


    Liblicense's model license agreement


    http://www.library.yale.edu/~llicense/modlic.shtml


    "Disabilities Compliance. Licensor shall comply with the Americans with Disabilities Act (ADA), by supporting assistive software or devices such as large print interfaces, voice-activated input, and alternate keyboard or pointer interfaces in a manner consistent with the Web Accessibility Initiative Web Content Accessibility Guidelines."


    Section 504 of the Rehabilitation Act is also relevant to web accessibility and it is unclear why it is not included.


    Liblicense's introduction to the model agreement has the disclaimer, "To be of maximum value, this document should be used only as a reference document that assists professionals in negotiating (or preparing to negotiate) database content license agreements. Under no circumstances should any person or organization use or adopt the LMLA in its entirety, or use it as the sole or exclusive basis for negotiating a license contract."


     


    SCELC (Statewide California Electronic Library Consortium)


     Compliance with Americans with Disabilities Act. Licensor shall comply  with the Americans with Disabilities Act (ADA), by supporting assistive software or devices such as large print interfaces, voice-activated input, and alternate keyboard or pointer interfaces in a manner consistent with the Web Content Accessibility Guidelines published by the World Wide Web Consortium's Web Accessibility Initiative, which may be found at http://www.w3.org/WAI/GL/#Publications.


     


    CDL (California Digital Library)


    Model license: “Compliance with Americans with Disabilities Act.  Licensor shall make reasonable efforts to comply with the Americans with Disabilities Act (ADA) requirements, Section 508 of the Rehabilitation Act Amendments, and provide Lisensee current completed Voluntary Product Accessibility Template (VPAT).”


     


    NERL (Northeast Regional Libraries)


    Compliance with Americans with Disabilities Act. Licensor shall comply with the Americans with Disabilities Act (ADA), by supporting assistive software or devices such as large print interfaces, voice-activated input, and alternate keyboard or pointer interfaces in a manner consistent with the Web Content Accessibility Guidelines published by the World Wide Web Consortium's Web Accessibility Initiative, which may be found at http://www.w3.org/WAI/GL/#Publications.