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3. If you violate your license under UCITA,
the software/database vendor is allowed to use “self-help” procedures to deal
with the violation. This means that
you could have your database taken away or deactivated (with 15 days
warning). Under the old system, the
database producer would have to notify the library of the violation and then
give the licensee a chance to correct the violation. However, even under UCITA, the product or
database license has to stipulate the “self-help” provisions before this
option can be used. Under UCITA, the
licensor can, however, contractually decide when and what sort of license
breach will be sufficient for it to invoke electronic self help. In August
2000, a change in UCITA was proposed that would not allow self-help
deactivation respecting mass-market software sold through retail channels,
though it would continue for sales to corporate or other “non-consumer “
users. Where a library falls in this new dichotomy is unclear.
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