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when a Patron uses the hoopla Application or hoopla Website to borrow a Digital Title pursuant
<br />to a pay -per -use ('PPU") license that is paid for by the Library.
<br />1.8 "Instant License" means a pay -per -use license ("PPU License"), as set forth in the
<br />attached Appendix 2.
<br />1.9 "Intellectual Property Rights" means all rights in and to patents, trademarks, service
<br />marks, trade names, copyrights, trade secrets, technology, software, designs, algorithms, know-
<br />how, as well as moral rights and all other intellectual and proprietary rights of any type under the
<br />laws of any governmental authority.
<br />1.10 "Library Administration Website" means one or more Midwest Tape website(s)
<br />(currently available at www.midwesftapes.com) that may be accessed and utilized by the Library
<br />to obtain OCOU Licenses, manage content available to Patrons in the Platform, and administer
<br />Library policies in regard to Patron use of the Platform.
<br />1.11 "Library Online Catalog" means the website(s) owned, maintained, and/or used by or
<br />for the Library for the purpose of providing information to Patrons and/or the general public about
<br />the Library and its various content offerings, policies, objectives, initiatives, and procedures.
<br />1.12 "Marks" means any trademarks, service marks, trade names, logos, designs, icons,
<br />characters, cover art, styles, trade dress, or other indicators of source associated with any Digital
<br />Titles, including without limitation all translations or transliterations of the foregoing in any
<br />language, or any colorable imitations or modified versions thereof.
<br />1.13 "Midwest Tape" means Midwest Tape, LLC and any of its parents, subsidiaries, or
<br />affiliated entities that are engaged in the business of selling and distributing media content in
<br />digital form to libraries and library users via the Platform.
<br />1.14 "Service Partners" means any third parties that provide digital storage, webhosting, IT
<br />services, data analysis and processing, or distribution or other services to Midwest Tape in
<br />connection with the Platform.
<br />1.16 "Title Summary and Promotional Data" means, with respect to each Digital Title, the
<br />following information and data that is made available to Library pursuant to this Agreement; (i)
<br />title; (11) author(s), publisher, illustrator(s), narrator(s), actor(s), director(s), producer(s), studio(s),
<br />and similar descriptive information; (ill) if commercially used, the digital object identifier; (iv)
<br />narrative description or summary of the work; (v) cover art and image, graphics, and other images;
<br />(vi) copyright notice; and (vii) any other identifying information.
<br />1.16 "Vendor" means any supplier to Midwest Tape of (i) Digital Title(s); (ii) Title Summary
<br />and Promotional Data; and/or (III) technology or services necessary for Midwest Tape to provide
<br />the Platform to the Library.
<br />2. Library RIGHTS & OBLIGATIONS.
<br />2.1 Rights. During the Term, and subject to all the terms and limitations set forth in this
<br />Agreement, Midwest Tape grants to the Library the non-exclusive and non-transferrable right to
<br />display and access the Platform and Title Summary and Promotional Data for the limited purpose
<br />of: (a) allowing Patrons to access, view, and borrow Digital Titles through the Platform and
<br />pursuant to this Agreement; (b) promoting awareness and authorized use of the Platform,
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