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6.2 Ownership of Vendors' Intellectual Property. Subject to the provisions of this <br />Agreement, hoopla vendors retain all of their Intellectual Property Rights in and to their Digital <br />Titles, Metadata, Marks, and Promotional Postings, artwork, and other property that may be <br />utilized or accessed in connection with the Platform. <br />6.3 Ownership of Midwest Tape's Intellectual Property. As between the Parties, Midwest <br />Tape owns and retains all Intellectual Property Rights in and to the Digital Media Platform, hoopla <br />Application, hoopla Website, Library Administration Website, Midwest Tape and hoopla and <br />hoopla digital trademarks, and all other Midwest Tape intellectual property, including but not <br />limited to all modifications, updates, or improvements made thereto. The Library acknowledges <br />Midwest Tape's ownership of such Intellectual Property Rights. <br />5.4 Modifications to Digital Media Platform. Midwest Tape has the right to modify, at any <br />time, the Platform, hoopla Application, hoopla Website, Library Administration Website, and other <br />aspects and features of hoopla In Midwest Tape's sole discretion, including, without limitation, In <br />order to develop, modify, or improve operations, performance, or functionality. <br />6.6 Addition. Removal. and Modifications of Digital Titles. Midwest Tape has the right to <br />take any or all of the following actions with respect to any Digital Title(s) at any time and in its sole <br />discretion: (a) add or remove Digital Titles to or from the Platform; (b) set or adjust the applicable <br />fees and charges, including, without limitation, PPU Circulation Fee(s), OCOU License Fees, <br />and/or other charges relating to the Platform and/or the media content available on the Platform; <br />(c) replace content files, Metadata, and/or Promotional Postings; and (d) edit or modify editorial <br />content or designs. The Library will be notified by email, the Library Administration Website, or <br />other means of major modifications to the functionality of the Platform. <br />6.6 Promotion of the Platform. Midwest Tape may, at its own expense and in its own <br />discretion, publicize the Platform and communicate with the general public and Patrons regarding <br />the availability, features, and use of the Digital Titles, Digital Media Platform, hoopla Application, <br />and hoopla Website. <br />6.7 Suoport. Midwest Tape will support the Platform by maintaining help files, information, <br />and other appropriate documentation and training materials. Midwest Tape will undertake <br />reasonable efforts to help the Library perform the Library's obligation to provide Primary Support <br />to Patrons, including by offering periodic training opportunities to Library staff, updating the Library <br />regarding system changes, and providing the Library with answers to "frequently asked questions" <br />related to the Platform. <br />Midwest Tape will supply activation support, including assisting with the implementation of any <br />software, and reasonable levels of continuing support to assist the Library in Its use of the <br />Platform. Midwest Tape will make technical support personnel available for feedback, problem <br />solving, and/or general questions. Technical support services to the Library include: (I) reasonable <br />efforts to identify, correct, and/or circumvent errors in the Platform, hoopla Application, hoopla <br />Website, and Library Administration Website; and (ii) supplying updates, enhancements, and new <br />versions of the Platform as they become available (the "Secondary Support'). Midwest Tape has <br />no obligation to provide Primary Support to Patrons and any support provided by Midwest Tape <br />to Patrons will be in Midwest Tape's sole discretion. <br />Midwest Tape will use reasonable efforts to provide continuous service. Permissible down time <br />Includes periodic unavailability due to matters such as: maintenance of the server(s); installation <br />or testing of software, public or private telecommunications services, or internet nodes or facilities; <br />03/2021 61Page <br />