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Greetings:

 

As a state college in Connecticut we are restricted from contracting with vendors where the contract language stipulates that the agreement will be governed by and construed in accordance with the laws of any other state.

 

Most vendors are willing to modify the language readily.  However we have hit a wall with Apple regarding IOS developer software and purchasing of other apps.  The IOS developer download requires:

 

1)      That we verify a legal authority to bind the institution to the iOS Developer Program University License Agreement.

2)      And that the agreement will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. The parties further submit to and waive any objections to personal jurisdiction of and venue in any of the following forums: U.S. District Court for the Northern District of California, California Superior Court for Santa Clara County, Santa Clara County Municipal Court, or any other forum in Santa Clara County, for any disputes arising out of this Agreement.

 

So far I have been unable to get Apple to provide a workaround for this.  Still working on getting the state’s AG office to provide some solution but that promises to be a very protracted process.  We have demand to teach the IOS developer classes and are looking for any solutions you may have out there.  Thanks for any ideas.

 

Barry Grant - Director of Information Technology

Manchester Community College (L204-F)

Great Path (Mishi-maya-gat) MS #3  PO Box 1046

Manchester, CT  06045-1046

Tel: 860-512-3402 Cell: 860-888-1407  Fax: 860-512-3401

Email: bgrant@mcc.commnet.edu

 

P Please consider the environment before printing this email and any attachments

 

 

 

 

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Comments

I ran into the identical issue here.  Apple would not budge.  Our Computer Science department now teaches Android application development.

 

-Chip-

Chip Eckardt
CIO
University of Wisconsin-Eau Claire
105 Garfield Ave.
Eau Claire, WI 54701
Phone: (715) 836-2381 Fax (715) 836-6001
eckardpp@uwec.edu

 

 

 

We have been up and down the chain of command at Apple repeatedly, for this and issues regarding a contract for our hardware sales, but they are are just intransigent.  They always remind me of the old Emily Latella bit on Saturday Night Live that Lily Tomlin did about the phone company and their lack of caring  "We don't have to - we're the Phone Company."

My goodness gracious...

jkt


Janice K. Tulloss, PhD, ASM
Software Coordinator
ITS - Client Services
202 Forney Bldg.
UNC Greensboro
Greensboro, NC 27412
336-334-5401




Message from mknox@austin.utexas.edu

Now this suggestion is very subject to state law, contract wording, and counsel temperament... But I have heard of some people notifying the vendor that the following items are in violation of state law and that negotiations have not been successful and that a note to that effect is being placed in the file indicating that the contract had to be signed without required by law changes. The effect is to either wake up the vendor, or if something goes wrong later and those missing changes are needed, it becomes the first court argument. Risk management basically.

We like to get in a limitations clause, since statute does change, that acknowledges that while we have signed , there may be limitations imposed by statute

Sent from my iPad

On Nov 14, 2011, at 4:38 PM, "Janice Tulloss" <Janice_Tulloss@UNCG.EDU> wrote:

We have been up and down the chain of command at Apple repeatedly, for this and issues regarding a contract for our hardware sales, but they are are just intransigent.  They always remind me of the old Emily Latella bit on Saturday Night Live that Lily Tomlin did about the phone company and their lack of caring  "We don't have to - we're the Phone Company."

My goodness gracious...

jkt


Janice K. Tulloss, PhD, ASM
Software Coordinator
ITS - Client Services
202 Forney Bldg.
UNC Greensboro
Greensboro, NC 27412
336-334-5401