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BiblioLabs, LLC
<br />BiblioBoard Terms of Use and Conditions for Institutions and Libraries
<br />Page 13 of 10
<br />7. Responsibility of Authorized Users.
<br />a. An Authorized User Is responsible for maintaining the confidentiality and security of his username
<br />and/or password (if such are provided), and for all usage or activity on BlblioBoard initiated from his
<br />credentials. An Authorized User may not provide access to BiblioBoard to anyone else, Including by
<br />setting up an anonymous remailer for purposes of allowing access to BiblioBoard.
<br />b. An Authorized User shall promptly notify BiblioLabs and where applicable the Licensee, of any known
<br />or suspected unauthorized use(s) of his account or BiblioBoard, or any known or suspected breach of
<br />security, including loss, theft, or unauthorized disclosure or use of his username, password, and or/IP
<br />address(es). Any use of BiblioBoard beyond the scope of or in violation of these Terms and
<br />Conditions of Service, knowing use of any password or username of another, or any fraudulent or
<br />abusive, or otherwise illegal activity, may (in addition to all other remedies available to BiblioLabs at
<br />law or in equity) be grounds for termination of an account or termination of access to BiblioBoard for
<br />that IP address, without notice and at Bibliolabs' sole discretion.
<br />8. Term, Fees and Payment. The term of this license shall begin on 2-15-2021 and end on 2-14-2022. Licensee
<br />shall make a payment to Bibliol-abs for the license to BiblioBoard Library and Modules pursuant to the pricing
<br />terms set out in Schedule A of this Agreement, attached hereto.
<br />9. Termination. Except as otherwise provided in this Agreement, in the event that either party believes that the
<br />other has materially breached any obligations under this Agreement, or if BiblioLabs believes that Licensee has
<br />exceed the scope of the License, such party shall notify the breaching party in writing. The breaching party
<br />shall have 60 days from the receipt of notice to cure the breach and notify the non -breaching party that the
<br />cure has been affected. If the breach Is not cured within 60 days the non -breaching party shall have the right
<br />to terminate the Agreement without further notice. Upon Termination of this Agreement for cause access to
<br />BlblioBoard by Licensee and its Authorized Users shall be terminated. Authorized copies of any Anthology
<br />downloaded maybe retained by Licensee or Its Authorized User and shall continue to be subject to the terms
<br />of this Agreement
<br />10. Confidential Information. Licensee agrees to maintain the confidentiality of any data relating to the use of
<br />BiblioBoard by Licensee and its Authorized Users. Such data may be used by Licensee solely for internal
<br />monitoring purposes, unless such other use is approved by BiblioLabs. However, information relating to the
<br />identify of specific users and/or uses shall not be provided to any third party, unless such disclosure is required
<br />by subpoena, court order or other legal proceeding. BiblioBoard understands that Licensee is subject to the
<br />California Public Records Act (Government Code section 6250 et seq.).
<br />11. DISCLAIMER OF WARRANTY. LICENSEE AND ITS AUTHORIZED USERS EXPRESSLY ACKNOWLEDGE AND AGREE
<br />THAT USE OF BIBLIOBOARD AND ANY MODULE IS AT THEIR SOLE RISK AND THATTHE ENTIRE RISK AS TO
<br />SATISFACTORY QUALITY,, ACCURACY AND EFFORT IS WITH THE LICENSEE AND ITS AUTHORIZED USER.
<br />BIBLIOBOARD AND ANY MODULE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS.
<br />BIBLIOLABS EXPRESSLY DISCLAIMS ANY WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS OF
<br />ANY KIND WHETHER EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
<br />MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NOWINFRINGMENT. BIBLIOLABS MAKES NO
<br />WARRANTIES THAT: (A) BIBLIOBOARD OR ANY MODULE WILL MEET LICENSEES OR ITS AUTHORIZED USERS
<br />REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,. NO ORAL OR WRITTEN
<br />INFORMATION OR ADVICE GIVEN BY BIBLIOLABS OR ITS REPRESENTATIVE AGENTS SHALL CREATE A
<br />WARRANTY. LICENSEE OR ITS AUTHORIZED USERS IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR
<br />DEVICE OR LOSS OF DATA AS A RESULT OF LICENSEE OR ITS AUTHORIZED USERS DOWLOANDING, UPLOADING,
<br />ACCESSING, VIEIWING, TRANSMITTING, OR RECEIVING MATERIAL OR CONTENT FROM BIBLIOBOARD.
<br />12. LIMITATION OF LIABILITY. IN NO EVENT SHALL BIBLIOLABS BE LIABLE TO LICENSEE OR ITS AUTHORIZED USERS
<br />OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
<br />DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM LICENSEE'S OR ITS AUTHORIZED USERS' USE OF
<br />BIBLIOBOARD, EVEN IF BIBLIOLABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
<br />Odg_9/25/2012
<br />Rev._4/1/2013
<br />Rev._5/2012015
<br />Rev._11/28/2016
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