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INSURANCE NOT ON FILE N-2021-031
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<br />`L9' CLERK OF COUNCIL
<br /><<'� DATE; BiblioLabs, LLC
<br />BiblioBoard Terms of Use and Conditions for Institutions and Libraries
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<br />Page 11 of 10
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<br />This BIBLIOBOARD TERMS OF USE AND CONDITIONS FOR INSTITUTIONS AND LIBRARIES (the "Agreement") is made
<br />effective as of 2-15-2021(the "Effective Date") between BiblioLabs, LLC, a South Carolina Limited Liability
<br />Company, ("BiblioLabs") with its principal office located in Charleston, South Carolina 29413 and the City of Santa
<br />Ana (the "Licensee"), with its principal office located at Santa Ana, CA.
<br />1. Purpose. BiblioLabs has created and developed a platform —as -a -service software ("BibiioBoard Library" or
<br />"BiblioBoard") to deliver to institutions curated collections of content ("Modules"). The content ("Content") of
<br />a Module may include, but is not limited to, images, photographs, books, pamphlets, magazines, essays, sound
<br />recordings, videos or other forms of media. This Agreement establishes the terms of use and conditions that
<br />will apply to the Licensee and its Authorized Users (defined below).
<br />This Agreement establishes the responsible usage of BiblioBoard, protects the rights of BiblioLabs, authors,
<br />publishers, curators, and the dissemination of Modules and Content to the Licensee and its Authorized Users.
<br />2. Authorized Users. An Authorized User shall be individual affiliates of the Licensee (including, patrons,
<br />members, students, faculty, full and part time staff, researchers affiliated and/or visiting, and independent
<br />contractors) and the institution of which it is a part, regardless of the physical location of such persons. An
<br />institution ("Institution") shall mean any educational non-profit or for profit institution (such as colleges,
<br />universities, and secondary schools), museums, foundations, government agencies, corporate and for profit
<br />organizations, public libraries, and scholarly societies. In the case where Licensee is a consortia of libraries and
<br />Institutions, an Authorized User shall extend to the members of the consortia (including the consortia's
<br />member's patrons, members, students, faculty, full and part time staff, researchers affiliated and/or visiting
<br />and independent contractors), regardless of the physical location of such person. Finally, an Authorized User
<br />shall also include patrons not affiliated with Licensee who are physically present at Licensed Premises (which
<br />shall mean the physical locations where the Institution provides computer terminals or other electronic
<br />devices from which Authorized Users may access BibiioBoard). Authorized Users shall be granted access to
<br />BiblioBoard through Licensee's defined Internet Protocol ("IP") addresses or alternative secured
<br />authentication system, which shall be provided by the Licensee to BiblioLabs.
<br />3. Grant of License. The Licensee and its Authorized Users are hereby granted a non-exclusive right to use
<br />BiblioBoard, Modules and the Content, which BiblioBoard has granted Licensee permission to access, as set
<br />forth in Schedule A.
<br />4. Permitted Uses. The Licensee and its Authorized Users may access, use, browse or view BiblioBoard and the
<br />Modules within BiblioBoard in accordance with the following permitted uses:
<br />a. An Authorized User may use content within a Module subject to the Fair Use provisions of the
<br />copyright laws of the United States.
<br />b. An Authorized User may use a Module and its Content for research activities, in research papers or
<br />dissertations, classroom or organizational instruction, and related classroom or organizational
<br />activities, student activities.
<br />c. An Authorized User may use a Module and its Content as a part of scholarly, cultural, educational or
<br />organization presentation orworkshop, if such use conforms to the customary and usual practices.
<br />d. The Licensee may promote links to BiblioBoard from its website for the purpose of increasing
<br />awareness, and promoting use of BiblioBoard and the Modules.
<br />e. An Authorized User may download Content within a Module (when the feature, tool or setting is
<br />activated within the Module or Content being displayed to the Authorized User) for their own
<br />personal, non-commercial use.
<br />f. Licensee and its Authorized Users shall be allowed to print the Content within a Module when the
<br />feature, tool or setting is activated within the Content being displayed to an Authorized User.
<br />Orig.9/25/2012
<br />Rev. 4/1/2013
<br />Rev._5/20/2015
<br />Rev_11/28/2016
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