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INSURANCE NOT ON FILE N-2022-038
<br />WORK MAY NOT PROCEED
<br />CLERK OF COUNCIL
<br />DATE: hoopla® Digital Media Agreement
<br />6 'Thlshhoopa�aiDtal"Media Agreement ("Agreement') is made as of this 10 day of F60 , 2022
<br />("Effective Date") by and between City of Santa Ana Public Library (the "Library"), and Midwest Tape,
<br />Go LLC.
<br />WHEREAS, Midwest Tape's hoopla Digital Media Platform ("hoopla," the "Platform," or the "hoopla
<br />°A Platform") allows participating libraries to provide their users with access to digital media content using
<br />N smart phones, tablets, computers, streaming devices, and web browsers;
<br />WHEREAS, the Platform is designed to be accessible 24/7 and offers various licenses to media content
<br />in multiple formats, including, without limitation, movies, television programs, music, audiobooks, eBooks,
<br />and comics, subject to circulation limits (if any) and other settings established by the user's library system;
<br />and
<br />WHEREAS, the Library wishes to make hoopla available to its authorized users ("Patrons");
<br />NOW THEREFORE, in consideration of the promises and mutual covenants contained in this Agreement,
<br />and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
<br />the Library and Midwest Tape (each a "Party" and collectively the "Parties") agree as follows:
<br />1. DEFINITIONS. The following definitions apply wherever these terms appear in this Agreement,
<br />including the Appendices:
<br />1.1 "Digital Media Platform" means one or more computer programs or applications owned,
<br />maintained, and/or used by Midwest Tape to provide access to Digital Titles and/or to allow the
<br />Library to manage its offering and Patron use of Digital Titles, including the hoopla Application,
<br />hoopla Website, and Library Administration Website.
<br />1.2 "Digital Titles" means any and all digital media content that Midwest Tape makes
<br />available to the Library and its Patrons via the Digital Media Platform during the Term of this
<br />Agreement.
<br />1.3 "Flex Borrow" or "Flex Circulation" means an OCOU Circulation, as defined in
<br />Appendix 2 to this Agreement. As set forth in the attached Appendix 2, a Flex Borrow occurs when
<br />a Patron uses the hoopla Application or hoopla Website to borrow a Digital Title that is at that time
<br />available to that user in the form of a one-copy/one-user ("OCOU") license owned by the Library.
<br />1.4 "Flex License" means a one-copy/one user license ("OCOU License"), as set forth in the
<br />attached Appendix 2.
<br />1.5 "hoopla Application" means one or more computer applications maintained, owned,
<br />and/or used by Midwest Tape to provide access for limited periods to Digital Titles (including the
<br />ability to browse, borrow, stream, download, and/or return such titles) using certain streaming
<br />devices, smart phones, tablets, and/or other mobile devices.
<br />1.6 "hoopla Website" means a Midwest Tape website (currently www.hoopladigital.com) that
<br />may be used to access, browse, borrow, stream, and/or return Digital Titles.
<br />1.7 "Instant Borrow" or "Instant Circulation" means a PPU Circulation, as defined it
<br />Appendix 2 to this Agreement. As set forth in the attached Appendix 2, an Instant Borrow occurs
<br />IlPagc
<br />03/2021
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